Mississippi 2023 Regular Session

Mississippi House Bill HB1298

Introduced
1/16/23  
Refer
1/16/23  

Caption

Pharmacy benefit managers; require to use national average drug acquisition cost.

Impact

The implementation of this bill would represent a significant shift in the reimbursement structure for pharmacies, directly impacting how pharmacy benefit managers operate within the state. By requiring adherence to the NADAC, the bill intends to stabilize drug pricing and prevent under-reimbursement, which can negatively affect pharmacy viability and patient access to medications. The bill's provisions are designed to provide equitable resources and support for community pharmacies against larger PBM practices that may favor cost-saving measures over fair compensation.

Summary

House Bill 1298 addresses the regulations surrounding pharmacy benefit managers (PBMs) in Mississippi. The bill mandates that PBMs must utilize and adhere to the National Average Drug Acquisition Cost (NADAC) when reimbursing pharmacies for drugs. It stipulates that PBMs cannot reimburse pharmacies or pharmacists for the ingredient drug product component of pharmacist services at an amount less than the NADAC. If the NADAC is unavailable, the reimbursement must not fall below the wholesale acquisition cost. This regulation aims to ensure that pharmacies are fairly compensated for the services they provide.

Contention

During discussions regarding HB 1298, there were concerns raised about the potential ramifications of enforcing a single pricing standard, as it could impact market competition among pharmacies and PBMs. Some advocates posit that this could lead to increased drug prices, while opponents argue that it is essential for preventing exploitative practices by PBMs that may compromise patient access to essential medications. The bill also brings forward existing sections of state law related to pharmacy benefit regulations for possible amendments, suggesting a broader effort to regulate and oversee the operations of PBMs to ensure compliance with the newly established provisions.

Companion Bills

No companion bills found.

Previously Filed As

MS H5254

Requires pharmacy benefit managers to reimburse pharmacist no less than national drug acquisition costs plus fee.

MS S0222

Requires pharmacy benefit managers to reimburse pharmacist no less than national drug acquisition costs plus fee.

MS SB2677

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

MS AB173

Regulation of pharmacy benefit managers, fiduciary and disclosure requirements on pharmacy benefit managers, and application of prescription drug payments to health insurance cost-sharing requirements. (FE)

MS SB203

Regulation of pharmacy benefit managers, fiduciary and disclosure requirements on pharmacy benefit managers, and application of prescription drug payments to health insurance cost-sharing requirements. (FE)

MS HB1119

Pharmacy benefit managers; revise provisions related to.

MS SB2576

Pharmacy benefit managers; revise provisions related to.

MS H4791

Drug acquisition cost surveys and reimbursement guidelines

MS SSB1074

A bill for an act relating to pharmacy benefits managers, pharmacies, and prescription drugs and including applicability provisions.(See SF 383.)

MS HSB99

A bill for an act relating to pharmacy benefits managers, pharmacies, and prescription drugs and including applicability provisions.(See HF 852.)

Similar Bills

LA HB866

Prohibits pharmacy benefit managers and managed care plans from reducing pharmacy reimbursements (OR +$11,093,778 SG EX See Note)

LA HB1236

Provides relative to pharmacy benefit managers reimbursements (EN +$2,265,844 SG EX See Note)

MI HB5303

Human services: medical services; Medicaid managed care contract with pharmacy benefit manager; modify. Amends sec. 105i of 1939 PA 280 (MCL 400.105i).

AZ HB4124

health insurance; pharmacy; reimbursement rates

SC H4791

Drug acquisition cost surveys and reimbursement guidelines

IL SB1390

DHFS-MCO-PBM-CONTRACTS

NH SB247

Prohibiting network exclusion for pharmacies that refuse to dispense a prescription of the PBM reimbursement that is below the pharmacy's acquisition cost.

NH SB247

prohibiting network exclusion for pharmacies that refuse to dispense a prescription of the PBM reimbursement that is below the pharmacy's acquisition cost.