HB 1672

AN ACT TO REVISE THE PHARMACY BENEFIT PROMPT PAY ACT; TO AMEND SECTION 73-21-151, MISSISSIPPI CODE OF 1972, TO REFERENCE NEW SECTIONS ADDED TO THE PHARMACY BENEFIT PROMPT PAY ACT; TO AMEND SECTION 73-21-153, MISSISSIPPI CODE OF 1972, TO DEFINE NEW TERMS AND REVISE THE DEFINITIONS OF CERTAIN EXISTING TERMS; TO AMEND SECTION 73-21-155, MISSISSIPPI CODE OF 1972, TO REVISE THE REIMBURSEMENT AMOUNT FROM PHARMACY BENEFIT MANAGERS AND PHARMACY SERVICES ADMINISTRATIVE ORGANIZATIONS (PSAOS) PAYABLE TO PHARMACIES; TO REQUIRE PHARMACY BENEFIT MANAGERS TO GIVE PHARMACISTS REASONS FOR DENYING A CLAIM WITHIN SEVEN DAYS OF RECEIVING AN ELECTRONIC CLAIM; TO AMEND SECTION 73-21-156, MISSISSIPPI CODE OF 1972, TO DELETE PROVISIONS AUTHORIZING PHARMACY BENEFIT MANAGERS FROM USING MAXIMUM ALLOWABLE COST LISTS; TO REVISE THE ADMINISTRATIVE APPEALS PROCESS PHARMACY BENEFIT MANAGERS MUST MAKE AVAILABLE TO PHARMACIES TO CHALLENGE REIMBURSEMENTS; TO AMEND SECTION 73-21-157, MISSISSIPPI CODE OF 1972, TO REQUIRE PSAOS TO BE LICENSED BY THE STATE BOARD OF PHARMACY; TO REQUIRE PHARMACY BENEFIT MANAGERS AND PSAOS TO RENEW LICENSES ANNUALLY; TO REVISE THE FINANCIAL DOCUMENTS THAT MUST BE SUBMITTED TO THE BOARD WITH AN APPLICATION FOR A LICENSE OR LICENSE RENEWAL; TO CREATE NEW SECTION 73-21-158, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF SPREAD PRICING BY PHARMACY BENEFIT MANAGERS; TO BRING FORWARD SECTION 73-21-159, MISSISSIPPI CODE OF 1972, WHICH RELATES TO FINANCIAL EXAMINATIONS OF PHARMACY BENEFIT MANAGERS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 73-21-161, MISSISSIPPI CODE OF 1972, TO PROHIBIT STEERING BY PHARMACY BENEFIT MANAGERS; TO CREATE NEW SECTION 73-21-162, MISSISSIPPI CODE OF 1972, TO PROHIBIT RETALIATION AGAINST PHARMACISTS BY PHARMACY BENEFIT MANAGERS, PHARMACY BENEFIT MANAGER AFFILIATES AND PSAOS; TO AMEND SECTION 73-21-163, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS RELATING TO INVESTIGATIONS AND AUDITS OF PHARMACY BENEFIT MANAGERS CONDUCTED BY THE BOARD; TO CREATE NEW SECTION 73-21-165, MISSISSIPPI CODE OF 1972, TO REQUIRE PHARMACY BENEFIT MANAGERS TO SUBMIT CERTAIN ANNUAL REPORTS TO THE BOARD; TO CREATE NEW SECTION 73-21-167, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI SPECIALTY DRUG COMMITTEE; TO CREATE NEW SECTION 73-21-211, MISSISSIPPI CODE OF 1972, TO DESIGNATE CERTAIN NEWLY CREATED STATUTES AS THE PHARMACY FAIR COMPETITION ACT; TO CREATE NEW SECTION 73-21-213, MISSISSIPPI CODE OF 1972, TO DECLARE CERTAIN LEGISLATIVE FINDINGS RELATING TO THE DISTRIBUTION AND RETAIL SALE OF PHARMACEUTICAL DRUGS AND THE PUBLIC NECESSITY TO REGULATE AND LICENSE CERTAIN PHARMACEUTICAL INDUSTRIES; TO CREATE NEW SECTION 73-15-215, MISSISSIPPI CODE OF 1972, TO PROHIBIT PHARMACY BENEFIT MANAGERS FROM HOLDING A PHARMACY PERMIT FOR THE RETAIL SALE OF DRUGS; TO AUTHORIZE THE BOARD TO ISSUE LIMITED USE PERMITS FOR THE SALE OF RARE DRUGS UNDER CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 73-21-217, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD TO ASSESS EACH ACTIVE RETAIL PHARMACY PERMIT TO DETERMINE IF THE PERMIT HOLDER IS IN VIOLATION OF SECTION 73-21-215, MISSISSIPPI CODE OF 1972; TO AMEND SECTION 25-15-301, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE AND SCHOOL EMPLOYEES LIFE AND HEALTH INSURANCE PLAN TO CONTRACT FOR THE MANAGEMENT OF PHARMACY BENEFITS; TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD OF PHARMACY TO BE A MEMBER OF THE EVALUATION COMMITTEE WHEN CONSIDERING PROPOSALS FOR SUCH ADMINISTRATION; TO REQUIRE A PHARMACY BENEFITS MANAGER FOR THE STATE HEALTH PLAN TO COMPLY WITH THE PROVISIONS OF THE PHARMACY BENEFIT PROMPT PAY ACT; TO AMEND SECTION 25-15-303, MISSISSIPPI CODE OF 1972, TO ADD THE EXECUTIVE DIRECTOR OF THE STATE BOARD OF PHARMACY TO THE MEMBERSHIP OF THE STATE AND SCHOOL EMPLOYEES HEALTH INSURANCE MANAGEMENT BOARD; AND FOR RELATED PURPOSES.