New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S2221

Introduced
3/7/22  

Caption

Establishes new transparency standards for business of pharmacy benefits managers and establishes licensure requirements.

Impact

The bill significantly alters existing state laws by enhancing regulatory oversight of PBMs, which are critical players in managing prescription drug benefits for carriers. By envisioning a system where PBMs are licensed and monitored regularly, the state aims to protect consumers from potential abuses and ensure a fairer pricing structure for prescription drugs. This shift could lead to lowered out-of-pocket costs for consumers as PBMs are compelled to act in accordance with legal and ethical standards that prioritize patient and consumer welfare.

Summary

Senate Bill S2221 aims to establish new transparency standards for the business practices of pharmacy benefits managers (PBMs) and introduces new licensure requirements for these entities in New Jersey. The bill mandates that PBMs must apply for a license with the Department of Banking and Insurance every two years, ensuring they adhere to fiduciary responsibilities towards the carriers they contract with. Additionally, the legislation requires PBMs to keep the department updated on any changes to their licensing information, with penalties for non-compliance, reinforcing accountability within the industry.

Contention

While proponents of S2221 argue that these changes will bring about necessary transparency and accountability in the pharmaceutical sector, critics may view the increased regulatory burden as potentially stifling innovation within the PBM industry. Concerns may also arise about the adequacy of the minimum standards set forth in the bill and whether they truly address the complexities and varying practices across PBMs. Ultimately, the balance between regulation and operational flexibility for PBMs will be a topic of continued discussion following the introduction of this legislation.

Companion Bills

No companion bills found.

Previously Filed As

NJ S464

Establishes audit and payment requirements for pharmacy benefit managers.

NJ A5012

Requires certain standards be established for contracts between pharmacy benefits managers and health benefits plans.

NJ S4203

Requires certain standards be established for contracts between pharmacy benefits managers and health benefits plans.

NJ A5020

Prohibits pharmacy benefit manager from using spread pricing as model of prescription drug pricing; requires transparency in provision of pharmacy benefits management services.

NJ S378

Provides that pharmacy benefits managers have fiduciary duty to financial interests of covered persons.

NJ S4208

Prohibits pharmacy benefit manager from using spread pricing as model of prescription drug pricing; requires transparency in provision of pharmacy benefits management services.

NJ A3554

Removes exception of self-insured health benefits plans from law concerning pharmacy benefits managers.

NJ S3569

Prohibits pharmacy benefits managers from requiring covered persons to use mail service pharmacies.

NJ S377

Prohibits health insurance carriers from obtaining pharmacy benefits manager licenses.

NJ S3535

"New Jersey Pharmacy Audit Bill of Rights;" establishes procedures by which entities are required to conduct audits of pharmacies.

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