Senate Bill No. 347, introduced by Senator Harris, aims to ensure fairness in cost-sharing practices related to health insurance and pharmacy benefits. The bill amends existing law and enacts new provisions under R.S. 22:976.2 and 1657.2, which define key terms such as "defined cost-sharing," "health insurance issuer," "insurer," "net price," "price protection rebate," and "rebates." It mandates that an enrollee's defined cost-sharing for prescription drugs be calculated at the point of sale based on the net price, which accounts for all rebates. Additionally, it allows health insurance issuers to decrease an enrollee's defined cost-sharing by more than the required amount and establishes civil or criminal penalties for non-compliance, with fines not exceeding $1,000 per claim.

The bill also includes provisions to protect the confidentiality of rebate information, classifying it as a trade secret and exempting it from public records disclosure. This means that health insurance issuers and pharmacy benefit managers cannot publish or disclose the actual amount of rebates they receive. The legislation is set to take effect upon the governor's signature or after the expiration of the time for bills to become law without signature. The bill also amends R.S. 44:4.1(B)(11) to incorporate the new provisions into existing public records exceptions.

Statutes affected:
SB347 Original: 44:1(B)(11)
SB347 Engrossed: 44:1(B)(11)