Virginia 2024 Regular Session

Virginia House Bill HB1402

Introduced
1/17/24  
Refer
1/17/24  
Report Pass
2/1/24  
Engrossed
2/6/24  
Refer
2/8/24  
Report Pass
2/19/24  
Enrolled
2/27/24  
Chaptered
4/2/24  

Caption

Health insurance; pharmacy benefits managers, reporting requirements, civil penalty.

Impact

The implications of HB 1402 are significant for state healthcare regulation. By enforcing stricter licensing requirements for pharmacy benefits managers and mandating transparency in their rebate practices, the bill aims to protect consumers from hidden costs that may arise from PBM agreements. It is anticipated that these changes will lead to more informed consumers and may potentially lower prescription drug costs as enrollees could benefit from reduced out-of-pocket expenses if rebates are effectively passed down. Additionally, the bill holds PBMs accountable to ensure that retained rebates are justifiably documented and reported to the state regulators.

Summary

House Bill 1402 seeks to enhance the transparency and regulation of pharmacy benefits managers (PBMs) operating within the state. The bill amends existing sections of the Code of Virginia to establish reporting requirements for PBMs regarding the collection and distribution of rebates associated with prescription drugs. Specifically, it mandates that all carriers report detailed information concerning the amount of rebates received, the portion retained by the PBM, and the rebates passed on to health plan enrollees at the point of sale. These efforts aim to improve accountability and understanding of the financial dealings between PBMs and health insurers.

Sentiment

The sentiment surrounding HB 1402 appears largely positive among consumer advocacy groups and some legislators, who view the move towards increased transparency as a critical step in regulating an area of healthcare often criticized for lack of accountability. Supporters argue that by clarifying the financial operations of PBMs, the bill could balance power and improve the pricing landscape for consumers. However, there are some concerns from PBMs about the potential administrative burdens and costs associated with compliance, which may influence their operations in the state.

Contention

Notable points of contention include potential pushback from pharmacy benefits managers who may argue that the reporting requirements could lead to increased operational costs, which they could pass on to consumers. Moreover, questions about how effectively the state can enforce these new requirements and the potential for civil penalties for non-compliance were discussed, sparking debates over the balance between regulation and operational flexibility for PBMs. Overall, the discourse reflects broader national conversations about drug pricing and healthcare affordability.

Companion Bills

VA SB660

Similar To Health insurance; pharmacy benefits managers, reporting requirements, civil penalty.

Previously Filed As

VA SB1078

Health insurance; cost-sharing, pharmacy benefits managers, compensation and duties, civil penalty.

VA HB2773

Health insurance; cost-sharing, pharmacy benefits managers, compensation and duties, civil penalty.

VA SB413

Health insurance; cost-sharing, pharmacy benefits managers, compensation and duties, civil penalty.

VA HB1271

Health insurance; pharmacy benefits managers; requirements and prohibited conduct.

VA HB1041

Health insurance; cost-sharing, pharmacy benefits managers' compensation and duties, civil penalty.

VA HB2392

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

VA SB1311

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

VA SB410

Pharmacy benefits managers; various requirements, report.

VA SB669

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

VA HB830

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

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.