Bill Summary – FastDemocracy

The Florida Senate
                                HOUSE MESSAGE SUMMARY
                    Prepared By: The Professional Staff of the Committee on Health Policy
                                                                                      [2023s01550.hms.hp]
BILL:                  CS/CS/SB 1550, 1st Engrossed
INTRODUCER:            Fiscal Policy Committee, Health Policy Committee; and Senator Brodeur and
                       others
SUBJECT:               Prescription Drugs
DATE:                  May 2, 2023
 I. Amendments Contained in Message:
        House Amendment — 207723 (body)
II. Summary of Amendments Contained in Message:
        House Amendment 207723 modifies several provisions relating to the requirements for
        contracts between a pharmacy benefit manager (PBM) and a pharmacy benefits plan or program
        (plan).
        The House amendment contains the following substantive revision:
         Removes reference to funds received by a PBM in relation to providing services for a plan or
           pharmacy being held “in trust” for the plan or pharmacy. Under the amendment, such funds
           must be used or distributed only pursuant to the PBM’s contract with the plan or with the
           pharmacy, or as otherwise required by applicable law.
        Two clarifying changes are as follows:
         With respect to patient steering, clarifies the prohibition relating to penalizing a covered
          person for not selecting a PBM’s mail order or delivery program. Specifically the amendment
          provides that a PBM may not penalize a covered person through the imposition of a higher
          cost-sharing obligation or a lower allowed-quantity limit for not selecting the mail order or
          delivery program.
         Adds to the preamble for the contractual requirements between a PBM and a plan that all
          such contracts must include, in substantial form, terms that ensure compliance with
          requirements specified in the bill and that, except to the extent not allowed by law, such
          terms supersede any contractual terms to the contrary. This language conforms with the
          preamble presently in the Senate bill relating to contracts between a PBM and network
          pharmacies.
        The technical revisions include:
         Clarifying that the bill’s reference to a “nonresident manufacturer” is actually a “nonresident
           prescription drug manufacturer” with respect to the source of rebates.
BILL: CS/CS/SB 1550,   1st Engrossed                                                          Page 2
         Providing a more specific reference to Medicare Part D network adequacy standards in the
          Code of Federal Regulations.
         Clarifying, by restructuring, a patient steering prohibition relating to the in-person
          administration of covered prescription drugs and separating the remainder of that
          subparagraph into a stand-alone subparagraph.
Statutes affected: 
S 1550 Filed: 624.307, 624.490, 626.88, 626.8814, 626.89, 624.491
S 1550 c1: 624.307, 624.490, 626.88, 626.8814, 626.89
S 1550 c2: 624.307, 624.490, 626.88, 626.8814, 626.89
S 1550 e1: 624.307, 624.490, 626.88, 626.8814, 626.89
S 1550 e2: 624.307, 624.490, 626.88, 626.8814, 626.89
S 1550 er: 624.307, 624.490, 626.88, 626.8814, 626.89