New Hampshire 2024 Regular Session

New Hampshire Senate Bill SB555

Introduced
12/14/23  
Refer
12/14/23  
Report Pass
2/22/24  
Report Pass
3/13/24  
Engrossed
4/2/24  
Refer
4/2/24  
Report Pass
5/16/24  
Enrolled
7/15/24  
Chaptered
7/30/24  

Caption

Relative to receipt of pharmaceutical rebates by insurers and pharmacy benefits managers.

Impact

The bill is expected to significantly alter the relationship between insurers, pharmacy benefits managers, and consumers. By requiring that at least 50% of pharmaceutical rebates be passed directly to consumers at the point of sale, it aims to make medications more affordable. However, as pharmacy rebates are central to insurers' revenue models, this redistribution could potentially lead to increased premiums in the long term. The fiscal impact analysis indicates that while the bill may lead to higher costs for insurers, it also proposes substantial revisions in reporting and accountability, prompting improvements in how rebates are managed and utilized.

Summary

Senate Bill 555 reforms the regulations surrounding pharmaceutical rebates, focusing on the reporting requirements for pharmacy benefits managers (PBMs) and insurers. The bill mandates that each PBM submits an annual or quarterly report detailing the pharmaceutical rebates collected and the distribution of these funds to insurers and consumers. Additionally, it establishes stricter compliance measures, increasing fines for noncompliance and removing the prospective repeal of a key section related to insurer cost-sharing for rebates. The intention behind these modifications is to improve transparency and ensure that consumers benefit from rebates at the point of sale, thus reducing their out-of-pocket costs for prescription drugs.

Sentiment

General sentiment around SB555 appears to be cautiously optimistic among supporters who advocate for increased transparency and consumer benefits in healthcare pricing. Proponents argue that enabling consumers to receive a more significant share of pharmaceutical rebates will alleviate some of the financial burdens associated with medication costs. Conversely, there are apprehensions from industry stakeholders who express concerns that the changes could lead to increased premiums for consumers as insurers adjust to the new financial landscape dictated by the bill. Overall, the discussion reflects a tension between ensuring affordability for consumers and maintaining sustainable business practices for insurers.

Contention

Notable points of contention include the potential increase in insurance premiums as a result of implementing the bill’s requirements. Critics argue that while the bill seeks to benefit consumers directly, the fundamental economic model of healthcare insurance may be disrupted, leading to unintended financial consequences. Additionally, stakeholders have raised concerns about the complexities of implementing the reporting requirements and ensuring compliance, particularly as these changes could burden smaller insurers and PBMs. The requirement for detailed reporting and the associated penalties for noncompliance further complicate the operational landscape, making it imperative to balance consumer benefits with the feasibility for insurers.

Companion Bills

No companion bills found.

Previously Filed As

NH SB665

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

NH HB5430

Relating to pharmaceutical benefits

NH SB478

relative to strengthening prescription drug affordability and pharmacy benefits manager accountability.

NH SB547

relative to regulation and transparency of pharmacy benefit manager practices.

NH HB1268

(Second New Title) modifying the structure and administration of home education programs and relative to pharmacy benefits managers, managed care laws, notice of drug pricing options and pharmacy benefit manager business practices.

NH SB119

Relative to Medicaid pharmaceutical services and relative to standing orders for Ivermectin.

NH HB07179

An Act Concerning Pharmaceutical Marketing And Pharmaceuticals.

NH SB01011

An Act Regulating Rebates By Pharmacy Benefits Managers.

NH HCR002

Concurrent Resolution Directing PEHP Regarding Pharmaceutical Rebates

NH SB0003

Health: pharmaceuticals; prescription drug cost and affordability review act; create. Creates new act.

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.

AZ HB2429

Pharmacy benefits; pharmacy management networks