This bill mandates that pharmacies charge consumers the lowest available price for prescription drugs. It introduces new definitions and requirements under RSA 318, including the terms "pharmacy retail price," "cost-sharing amount," "discounted price," and "lowest available price." The bill stipulates that at the point of sale, pharmacists or pharmacy employees must determine and charge the lowest available price, which is defined as the lowest of the pharmacy retail price, the consumer's cost-sharing amount, or any discounted price available. Additionally, pharmacists are required to inform consumers of this price before completing the transaction and are protected from penalties by insurers or pharmacy benefit managers for disclosing or charging the lowest price.

The bill also establishes enforcement mechanisms, classifying violations as unprofessional conduct subject to disciplinary action by the board of pharmacy, which may impose civil penalties of up to $1,000 for each violation. Consumers will not be liable for any amount exceeding the lowest available price at the time of sale. The board of pharmacy is tasked with adopting necessary rules for compliance verification, consumer complaints, and enforcement actions. The act is set to take effect on January 1, 2027, and is projected to have a fiscal impact of less than $10,000 in each fiscal year from 2026 to 2029.

Statutes affected:
Introduced: 318:5-a