AN ACT TO AMEND SECTION 73-21-153, MISSISSIPPI CODE OF 1972, TO DEFINE NEW TERMS AND REVISE THE DEFINITIONS OF EXISTING TERMS UNDER THE PHARMACY BENEFIT PROMPT PAY ACT; TO AMEND SECTION 73-21-155, MISSISSIPPI CODE OF 1972, TO PROHIBIT PHARMACY BENEFIT MANAGERS FROM REIMBURSING A PHARMACY OR PHARMACIST FOR A PRESCRIPTION DRUG OR PHARMACIST SERVICE IN A NET AMOUNT LESS THAN THE NATIONAL AVERAGE DRUG ACQUISITION COST (NADAC) FOR THE PRESCRIPTION DRUG OR PHARMACIST SERVICE IN EFFECT AT THE TIME THE DRUG IS ADMINISTERED OR DISPENSED, PLUS A PROFESSIONAL DISPENSING FEE EQUAL TO THE PROFESSIONAL DISPENSING FEE PAID BY MISSISSIPPI DIVISION OF MEDICAID AND TO REQUIRE A PHARMACY BENEFIT MANAGER TO MAKE PROMPT PAYMENT TO A PHARMACY; TO AMEND SECTION 73-21-156, MISSISSIPPI CODE OF 1972, TO REQUIRE PHARMACY BENEFIT MANAGERS TO PROVIDE A REASONABLE ADMINISTRATIVE APPEAL PROCEDURE TO ALLOW PHARMACIES TO CHALLENGE A REIMBURSEMENT FOR A SPECIFIC DRUG OR DRUGS AS BEING BELOW THE REIMBURSEMENT RATE REQUIRED BY THE PRECEDING PROVISION; TO AMEND SECTION 73-21-157, MISSISSIPPI CODE OF 1972, TO REQUIRE A PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION TO BE LICENSED WITH THE MISSISSIPPI BOARD OF PHARMACY; TO REQUIRE A PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION TO PROVIDE TO A PHARMACY OR PHARMACIST A COPY OF ANY CONTRACT ENTERED INTO ON BEHALF OF THE PHARMACY OR PHARMACIST BY THE PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION; TO CREATE NEW SECTION 73-21-158, MISSISSIPPI CODE OF 1972, TO PROHIBIT PHARMACY BENEFIT MANAGERS FROM CHARGING A PLAN SPONSOR MORE FOR A PRESCRIPTION DRUG THAN THE NET AMOUNT IT PAYS A PHARMACY FOR THE PRESCRIPTION DRUG; TO PROHIBIT A PHARMACY BENEFIT MANAGER OR THIRD-PARTY PAYER FROM CHARGING A PATIENT TO PAY AN AMOUNT THAT EXCEEDS THE TOTAL AMOUNT RETAINED BY THE PHARMACY; TO AMEND SECTION 73-21-161, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PHARMACY BENEFIT MANAGER OR PHARMACY BENEFIT MANAGER AFFILIATES FROM ORDERING A PATIENT TO USE A SPECIFIC PHARMACY OR PHARMACIES, INCLUDING AN AFFILIATE PHARMACY; OFFERING OR IMPLEMENTING PLAN DESIGNS THAT PENALIZE A PATIENT WHEN A PATIENT CHOOSES NOT TO USE A PARTICULAR PHARMACY, INCLUDING AN AFFILIATE PHARMACY; ADVERTISING OR PROMOTING A PHARMACY, INCLUDING AN AFFILIATE PHARMACY, OVER ANOTHER IN-NETWORK PHARMACY; CREATING NETWORK OR ENGAGING IN PRACTICES THAT EXCLUDE AN IN-NETWORK PHARMACY; ENGAGING IN A PRACTICE THAT ATTEMPT TO LIMIT THE DISTRIBUTION OF PRESCRIPTION DRUG TO CERTAIN PHARMACIES; INTERFERING WITH THE PATIENT'S RIGHT TO CHOOSE THE PATIENT'S PHARMACY OR PROVIDER OF CHOICE; THIS SECTION DOES NOT APPLY TO FACILITIES LICENSED TO FILL PRESCRIPTIONS SOLEY FOR EMPLOYEES OF A PLAN SPONSOR OR EMPLOYER; TO CREATE NEW SECTION 73-21-162, MISSISSIPPI CODE OF 1972, TO PROHIBIT PHARMACY BENEFIT MANAGERS AND PHARMACY BENEFIT MANAGER AFFILIATES FROM PENALIZING OR RETALIATING AGAINST A PHARMACIST, PHARMACY OR PHARMACY EMPLOYEE FOR EXERCISING ANY RIGHTS UNDER THIS ACT, INITIATING ANY JUDICIAL OR REGULATORY ACTIONS, OR APPEARING BEFORE ANY GOVERNMENTAL AGENCY, LEGISLATIVE MEMBER OR BODY OR ANY JUDICIAL AUTHORITY; TO AMEND SECTION 73-21-163, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF PHARMACY, FOR THE PURPOSES OF CONDUCTING INVESTIGATIONS, TO CONDUCT EXAMINATIONS OF PHARMACY BENEFIT MANAGERS AND TO ISSUE SUBPOENAS TO OBTAIN DOCUMENTS OR RECORDS THAT IT DEEMS RELEVANT TO THE INVESTIGATION; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 73-21-153, 73-21-155, 73-21-156, 73-21-157, 73-21-161, 73-21-163
Committee Substitute: 73-21-151, 73-21-153, 73-21-155, 73-21-156, 73-21-157, 73-21-161, 73-21-163