Maryland 2023 Regular Session

Maryland House Bill HB357

Introduced
1/26/23  
Refer
1/26/23  
Report Pass
3/13/23  
Engrossed
3/15/23  

Caption

Pharmacy Benefits Managers - Definition of Purchaser and Alteration of Application of Law

Impact

The anticipated impact of HB 357 on state laws largely revolves around how PBMs operate and their interactions with pharmacies and consumers. By removing certain definitions and restrictions, the bill aims to give PBMs more latitude in the management of prescription drug benefits, which, in turn, could lead to more efficient processes. However, such changes may also raise questions about the accountability of PBMs and the protection of consumer rights, especially given the critical role these entities play in the distribution of medication and healthcare costs.

Summary

House Bill 357 seeks to amend the definitions and applications of certain provisions of state insurance law as they pertain to pharmacy benefits managers (PBMs). The bill proposes to repeal and alter definitions related to 'carrier' and 'ERISA' (Employee Retirement Income Security Act) and modify how state laws apply to those providing prescription drug coverage. The intent behind these changes is to streamline regulation and clarify the responsibilities of PBMs in the administration of pharmacy benefits, thereby potentially enhancing transparency and consistency across the industry.

Sentiment

The sentiment surrounding HB 357 appears to be mixed. Proponents argue that the bill will lead to improved practices among PBMs and ultimately benefit consumers through better management of prescription costs and benefits. Opponents, however, express concerns about possible adverse effects on patients and pharmacies due to increased power for PBMs and reduced transparency in their operations. This divide illustrates a significant tension between those advocating for streamlined regulation and those wary of its implications for patient care and pharmacy rights.

Contention

A key point of contention in the discussions around HB 357 centers on the potential consequences of redefining terms and altering existing insurance laws. Critics argue that the removal of certain definitions related to PBMs could lead to a lack of oversight and accountability, raising the risk of unfair practices, especially regarding audits and reimbursement processes. Supporters maintain that clear definitions and regulations are essential for navigating the complexities of pharmacy benefits and improving care delivery in a significantly evolving healthcare landscape.

Companion Bills

MD SB898

Crossfiled Pharmacy Benefits Managers - Definitions of Carrier, ERISA, and Purchaser

MD HB1014

Carry Over Pharmacy Benefits Managers – Definitions of Carrier, ERISA, and Purchaser

Previously Filed As

MD HB321

Pharmacy Benefits Managers – Definition of Purchaser and Alteration of Application of Law

MD SB303

Pharmacy Benefits Managers - Definition of Purchaser and Alteration of Application of Law

MD HB813

Maryland Insurance Administration and Maryland Department of Health - Workgroup to Study Pharmacy Benefits Managers

MD SB907

Relating to pharmacy benefit managers and state pharmacy purchasing

MD SB669

Pharmacy benefits managers; requirements, application of law, report, delayed effective date.

MD HB830

Pharmacy benefits managers; requirements, application of law, report, delayed effective date.

MD SB665

(New Title) relative to pharmacy benefits managers, managed care laws, notice of drug pricing options and pharmacy benefit manager business practices.

MD S3059

Imposes certain duties, transparency, and accountability from pharmacy benefits managers and pharmacy benefits management services.

MD SB1311

Health insurance; pharmacy benefits managers, definition of "covered entity."

MD HB2392

Health insurance; pharmacy benefits managers, definition of "covered entity."

Similar Bills

KS HB2551

Enacting the Kansas pharmacy services administrative organization act.

MS HB1125

Pharmacy services; prohibit insurers and PBMs from requiring persons to obtain exclusively through pharmacies that they own.

MS HB558

Pharmacy services; prohibit insurers and PBMs from requiring persons to obtain exclusively through pharmacies that they own.

AR SB593

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act; And To Create The Pharmacy Services Administrative Organization Act.

NJ S2345

"Patient and Provider Protection Act."

AR SB475

To Establish The Pharmacy Services Administrative Organization Act; And To Regulate Pharmacy Services Administrative Organizations.

MS HB1119

Pharmacy benefit managers; revise provisions related to.

MS SB2677

Pharmacy Benefit Prompt Pay Act; define requirements for pharmacy benefit managers and pharmacy services administrative organizations.