Bill Text: CA SB966 | 2023-2024 | Regular Session | Amended
Bill Title: Pharmacy benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - Read second time. Ordered to third reading. [SB966 Detail]
Download: California-2023-SB966-Amended.html
Amended
IN
Senate
April 29, 2024 |
Amended
IN
Senate
April 18, 2024 |
Introduced by Senator Wiener |
January 24, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1367.2075 is added to the Health and Safety Code, immediately following Section 1367.207, to read:1367.2075.
(a) A health care service plan contract issued, amended, or renewed on or after January 1, 2025, that provides prescription drug coverage shall not calculate an enrollee’sSEC. 2.
Section 1367.243 of the Health and Safety Code is amended to read:1367.243.
(a) (1) A health care service plan that reports rate information pursuant to Section 1385.03 or 1385.045 shall report the information described in paragraph (2) to the department no later than October 1 of each year, beginning October 1, 2018.SEC. 2.SEC. 3.
Section 10123.2045 is added to the Insurance Code, immediately following Section 10123.204, to read:10123.2045.
(a) A health insurance policy issued, amended, or renewed on or after January 1, 2025, that provides prescription drug coverage shall not calculate an insured’sSEC. 4.
Section 10123.205 of the Insurance Code is amended to read:10123.205.
(a) (1) A health insurer that reports rate information pursuant to Section 10181.3 or 10181.45 shall report the information described in paragraph (2) to the department no later than October 1 of each year, beginning October 1, 2018.SEC. 3.SEC. 5.
Division 6 (commencing with Section 17000) is added to the Insurance Code, to read:DIVISION 6. Regulation of Pharmacy Benefit Managers
CHAPTER 1. General Provisions
17000.
For purposes of this division:17005.
The department shall adopt regulations necessary to implement this division.17006.
The department shall establish procedures for receiving, investigating, tracking, and publicly reporting consumer complaints against pharmacy benefit managers.CHAPTER 2. Licensing
17010.
(a) The department shall license and regulate pharmacy benefit managers.17015.
(a) A pharmacy benefit manager license shall be renewed every two years and is nontransferable.(a)The fee for a pharmacy benefit manager license shall be ____ dollars ($____) and may be increased to ____ dollars ($____). The fee for the issuance of a temporary pharmacy permit shall be ____ dollars ($____) and may be increased to ____ dollars ($____).
(b)The fee for a pharmacy benefit manager license annual renewal shall be ____ dollars ($____) and may be increased to ____ dollars ($____).
17020.
(a) There is hereby established in the State Treasury the Pharmacy Benefit Manager Fund. The fund shall be available to the department for use, upon appropriation by the Legislature, for costs related to the licensing and regulation of pharmacy benefit managers.CHAPTER 3. Licensee Duties
17025.
(a) On or before April 1, 2027, and on or before each April 1 thereafter, a pharmacy benefit manager shall file with the department a report that contains all of the information required by subdivision (e) of Section 4441 of the Business and Professions Code from the preceding calendar year.(b)The report submitted pursuant to subdivision (a) shall be deemed confidential and shall not be disclosed to the public pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Nothing in this section shall prevent disclosure to the Attorney General to investigate, prosecute, defend any legitimate legal claim or cause or action, or to use the reports in any court or proceeding
of law.
(c)
17030.
(a) A pharmacy benefit manager shall not impose any requirements, conditions, or exclusions that discriminate against a nonaffiliated pharmacy in connection with dispensing drugs.(c)Before a prescription is dispensed, an affiliated pharmacy shall disclose to an enrollee or insured that the affiliated pharmacy is an affiliated pharmacy and that the enrollee or insured is not obligated to use the affiliated pharmacy.
17035.
A pharmacy benefit manager shall not do any of the following:17040.
(a) A contract issued, amended, or renewed on or after January 1, 2025, between a retail pharmacy and a pharmacy benefit manager shall not prohibit the retail pharmacy from offering either of the following as an ancillary service of the retail pharmacy:17045.
A pharmacy benefit manager shall not require more than two accreditations from an independent accrediting organization for pharmacists and pharmacies that apply to be in a specialty network and shall make every effort to ensure that enhanced standards are not imposed for participation in a specialty network beyond those related to the safety and competency necessary to comply with requirements for dispensing specified17050.
(a) A pharmacy benefit manager shall not derive income from pharmacy benefit management services provided to an insurer or health plan in this state except for income derived from(1)
(2)
(3)
17055.
(a) Except as permitted under existing law, a pharmacy benefit manager shall not unreasonably obstruct or interfere with a patient’s right to timely access a prescription drug or device that has been legally prescribed for that patient at a contract pharmacy of their choice.17060.
Commencing January 1, 2025, a pharmacy benefit manager shall not conduct spread pricing in this state. If a preexisting contract between a pharmacy benefit manager and a health care service plan or health insurer authorizes spread pricing, any subsequent amendment or renewal of that contract shall not contain that authorization. Any such spread pricing terms shall be void after January 1, 2028.17065.
(a) Notwithstanding any other law, a pharmacy benefit manager shall not enter into, amend, enforce, or renew a contract on or after January 1, 2025, with manufacturers who do business in California that expressly or implicitly restrict, or implements implicit or express exclusivity for, those manufacturers’ drugs, medical devices, or other products.CHAPTER 4. Enforcement
17070.
(a) The department may refuse to issue a pharmacy benefit manager license if the department determines that the pharmacy benefit manager or an individual responsible for the conduct of affairs of the pharmacy benefit manager has had a pharmacy benefit manager certificate of authority or license denied or revoked for cause in another state.17075.
(a) The department may examine or audit17080.
(a) Notwithstanding the Section 4441 of the Business and Professions Code and Chapter 2.2 (commencing with Section 1385.001) of Division 2 of the Health and Safety Code, a pharmacy benefit manager shall have a duty and obligation to(b)An enrollee or insured shall be deemed to be third-party beneficiaries of the duties, obligations, and requirements applicable to the pharmacy benefit manager under this chapter and shall be entitled to legal or equitable relief for any injury or loss to the enrollee or insured caused by any violation of those duties, obligations, or requirements.
(c)
(d)