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Bill > SB247
NH SB247
NH SB247Prohibiting network exclusion for pharmacies that refuse to dispense a prescription of the PBM reimbursement that is below the pharmacy's acquisition cost.
summary
Introduced
01/23/2025
01/23/2025
In Committee
03/28/2025
03/28/2025
Crossed Over
03/28/2025
03/28/2025
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
This bill: I. Permits a pharmacy to decline to fill a prescription if reimbursement from the pharmacy benefits manager is less than the pharmacy's acquisition cost and excludes Medicaid and Medicaid care management from this option and other provider contract standards. II. Defines pharmacy services administrative organization for purposes of pharmacy and PBM contract requirements; and makes the failure of a pharmacy services administrative organization to comply with such requirements a violation of the consumer protection act.
AI Summary
This bill modifies existing healthcare regulations to provide more protections for pharmacies in their interactions with pharmacy benefit managers (PBMs), which are entities that administer prescription drug benefits for health insurance plans. The bill allows pharmacies to decline filling a prescription if the reimbursement from a PBM is less than the pharmacy's acquisition cost (the price the pharmacy pays to obtain the drug), with the pharmacy required to advise patients on how to find an alternative location to fill their prescription. The legislation explicitly excludes Medicaid and Medicaid care management programs from these new provisions. Additionally, the bill defines and regulates pharmacy services administrative organizations (PSAOs), which are entities that help independent pharmacies negotiate contracts and manage administrative tasks, and makes failure to comply with the new PSAO requirements a violation of consumer protection laws. PSAOs must now provide pharmacies with copies of contracts, payment schedules, and reimbursement rates within three calendar days of execution, and cannot require pharmacies to purchase drugs from specific entities. The bill is set to take effect on January 1, 2026, and aims to provide more transparency and fairness in pharmaceutical contracting practices.
Committee Categories
Business and Industry, Health and Social Services
Sponsors (5)
Last Action
Commerce and Consumer Affairs Work Session (10:00:00 9/10/2025 GP 229) (on 09/10/2025)
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