THE SENATE	S.B. NO.	1401
THIRTIETH LEGISLATURE, 2019		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

 

RELATING TO PHARMACY BENEFIT MANAGERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to increase transparency and promote, preserve, and protect the public health, safety, and welfare by:

     (1)  Providing that a pharmacy benefit manager may not prohibit a pharmacist or pharmacy from providing an insured individual with information on the amount of the insured's cost share for a prescription drug and the clinical efficacy of a more affordable alternative drug if one is available; and

     (2)  Preventing penalization of a pharmacy or pharmacist for sharing such information.

     SECTION 2.  Chapter 431S, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§431S-    Gag clause prohibited.  A pharmacy benefit manager may not prohibit a pharmacist or pharmacy from providing an insured individual with information on the amount of the insured's cost share for the insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available.  Neither a pharmacy nor a pharmacist shall be penalized by a pharmacy benefit manager for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Pharmacy Benefit Managers; Prescription Drug; Information; Prohibition

 

Description:

Provides that a pharmacy benefit manager may not prohibit the sharing of an insured individual's cost share for a prescription drug and clinical efficacy of a more affordable alternative drug and prevents penalization of a pharmacy or pharmacist for sharing such information.  (SB1401 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.