The proposed bill, SB 119, seeks to enhance Medicaid pharmaceutical services by mandating that pharmacists dispense brand name drugs to Medicaid beneficiaries when these drugs are included on the Department of Health and Human Services' preferred drug list. This amendment modifies existing law, specifically RSA 126-A:3, V, which previously prioritized the use of generic drugs unless a brand name was deemed medically necessary by a prescribing provider. Additionally, the bill allows pharmacists to dispense Ivermectin without a prior prescription, provided they adhere to a standing order from a licensed healthcare professional, which includes specific patient screening protocols and documentation requirements. Notably, this standing order cannot be utilized for patients who are pregnant or under 18 years of age.

Key legal changes include the insertion of new provisions in various statutes (RSA 318, RSA 329, RSA 326-B, and RSA 328-D) that protect healthcare professionals from disciplinary action for a pharmacist's failure to follow standing orders, as long as the necessary conditions are met. The bill is projected to yield significant fiscal benefits for the Medicaid program, with estimated savings of $1.1 million in FY 2026, $3.4 million in FY 2027, and $4.5 million in FY 2028, primarily through increased rebate revenue from manufacturers. The Department anticipates that the initial costs associated with purchasing brand name drugs will be offset by these rebates, leading to projected revenues of $12.7 million in FY 2026, $38.1 million in FY 2027, and $50.8 million in FY 2028. The bill is set to take effect on July 1, 2025.

Statutes affected:
Introduced: 126-A:3
As Amended by the House: 126-A:3