HB 2011-S - DIGEST


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that any contract between the administrator or any other agency administering a state purchased health care program and a pharmacy benefit management company must include the following provisions: (1) Disclosure of any agreements between the pharmacy benefit management company and a pharmaceutical manufacturer, its contractors, or an affiliate of a pharmaceutical manufacturer related to the use of that pharmaceutical manufacturer's products. Agreements to be disclosed include but are not limited to: (a) Agreements for the submission of data to pharmaceutical manufacturers or their contractors and any remuneration received from the manufacturer for supplying the data; (b) Rebate agreements or contracts with pharmaceutical manufacturers related to use of that manufacturer's products or the use of another manufacturer's products; (c) Payments by a drug manufacturer to the pharmacy benefits management company for switching consumer purchases to a drug produced or distributed by that pharmaceutical manufacturer; and (d) Any other payment to the pharmacy benefit management company by a pharmaceutical manufacturer or its contractors; and

(2) An affirmative statement that the pharmacy benefits management company will be capable of administering, and agree to abide by the terms of, any preferred drug list developed for use by state purchased health care programs.