H*5038(Rat #0192, Act #0177 of 2018)  General Bill, By Atwater, Bradley, Howard, 
Thayer, Gagnon, Huggins, Hewitt, McGinnis, Hayes, Willis, Spires, Ballentine, 
G.M. Smith, Sandifer, Norrell, Henderson, Toole, Erickson, Cobb-Hunter, Ott, 
Ridgeway, McEachern, Douglas, Rutherford, Bernstein, W. Newton, Clary, Anthony, 
Wheeler, Anderson, Kirby, Alexander, Tallon and Elliott

Similar(S 815, H 5044)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 38-71-2150 SO AS TO ESTABLISH PROHIBITED ACTS FOR A PHARMACY BENEFIT MANAGER.
 - ratified title

   03/01/18  House  Introduced and read first time (House Journal-page 17)
   03/01/18  House  Referred to Committee on Labor, Commerce and
                     Industry (House Journal-page 17)
   03/01/18  House  Member(s) request name added as sponsor: Bradley,
                     Howard, Thayer, Gagnon, Huggins, Hewitt,
                     McGinnis, Hayes, Willis, Spires, Ballentine,
                     G.M.Smith, Sandifer, Norrell, Henderson, Toole,
                     Erickson, Cobb-Hunter, Ott, Ridgeway, McEachern,
                     Douglas, Rutherford, Bernstein, W.Newton, Clary,
                     Anthony, Wheeler, Anderson, Kirby, Alexander,
                     Tallon, Elliott
   03/08/18  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry (House Journal-page 111)
   03/20/18  House  Debate adjourned until Wed., 3-21-18
                     (House Journal-page 50)
   03/21/18  House  Amended (House Journal-page 37)
   03/21/18  House  Read second time (House Journal-page 37)
   03/21/18  House  Roll call Yeas-107  Nays-0 (House Journal-page 38)
   03/22/18  House  Read third time and sent to Senate
                     (House Journal-page 11)
   03/27/18  Senate Introduced and read first time (Senate Journal-page 11)
   03/27/18  Senate Referred to Committee on Banking and Insurance
                     (Senate Journal-page 11)
   04/18/18  Senate Recalled from Committee on Banking and Insurance
                     (Senate Journal-page 7)
   04/25/18  Senate Read second time (Senate Journal-page 35)
   04/25/18  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 35)
   04/26/18  Senate Read third time and enrolled (Senate Journal-page 19)
   05/01/18         Ratified R 192
   05/03/18         Signed By Governor
   05/11/18         Effective date 05/03/18
   05/14/18         Act No. 177

(A177, R192, H5038)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-2150 SO AS TO ESTABLISH PROHIBITED ACTS FOR A PHARMACY BENEFIT MANAGER.

Be it enacted by the General Assembly of the State of South Carolina:

Pharmacy benefit manager, prohibited acts

SECTION    1.    Article 20, Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-2150.    A pharmacy benefit manager may not:

(1)    prohibit a pharmacist or pharmacy from providing an insured information on the amount of the insured's cost share for a prescription drug. A pharmacist or pharmacy may not be penalized by a pharmacy benefit manager for discussing such information to an insured or for selling a more affordable alternative to the insured if one is available;

(2)    prohibit a pharmacist or pharmacy from offering and providing direct and limited delivery services to an insured as an ancillary service of the pharmacy;

(3)    charge or collect a copayment from an insured that exceeds the total submitted charges by the network pharmacy;

(4)    charge or hold a pharmacist or pharmacy responsible for a fee relating to the adjudication of a claim unless the fee is reported on the remittance advice of the adjudicated claim or is set out in contract between the pharmacy benefits manager and the pharmacy. This section does not apply with respect to claims under an employee benefit plan under the Employee Retirement Income Security Act of 1974 or Medicare Part D; or

(5)    penalize or retaliate against a pharmacist or pharmacy for exercising rights provided pursuant to the provisions of this chapter."

Time effective

SECTION    2.    This act takes effect upon approval of the Governor.

Ratified the 1st day of May, 2018.

Approved the 3rd day of May, 2018.