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KY SB128

KY SB128
AN ACT relating to prescription drugs.


summary

Introduced
01/27/2026
In Committee
01/27/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Amend KRS 304.17A-164 to define and redefine terms; establish cost-sharing requirements for prescription drugs; require rebates to be passed through; establish confidentiality requirements for the rebate information; create a new section of KRS 365.880 to 365.900 to provide that the actual amount of rebates received is a trade secret; provide that compliance with prescription drug cost-sharing and rebate requirements shall not be in violation of the Uniform Trade Secrets Act; amend KRS 304.17C-125, 304.38A-115, 18A.225, and 164.2871 to apply the cost-sharing and rebate requirements for prescription drugs to limited health service benefit plans, limited health service organizations, the state employee health plan, and self-insured employer group health plans provided by the governing board of a state postsecondary education institution; apply provisions to health plans issued or renewed on or after January 1, 2027; EFFECTIVE January 1, 2027.

AI Summary

This bill aims to regulate prescription drug costs and rebates, requiring that any rebates negotiated between drug manufacturers and insurers or pharmacy benefit managers (PBMs) – which are entities that manage prescription drug benefits on behalf of health plans – must be passed on to consumers. Specifically, the cost-sharing for a prescription drug, such as copayments or coinsurance, must be calculated after at least 100% of the rebate value has been applied, effectively lowering the patient's out-of-pocket expense at the point of sale. Any remaining rebate funds must be used to reduce health plan premiums. The bill also establishes that the actual amounts of these rebates are considered trade secrets and are protected under trade secret laws, preventing their disclosure in a way that could identify specific products, manufacturers, or pharmacies, though regulatory bodies can still access this information for compliance and enforcement purposes. These provisions will apply to health plans issued or renewed on or after January 1, 2027, and will extend to limited health service benefit plans, limited health service organizations, the state employee health plan, and self-insured employer group health plans provided by governing boards of state postsecondary education institutions.

Sponsors (1)

Last Action

to Committee on Committees (S) (on 01/27/2026)

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