S 0815 General Bill, By Gambrell, Shealy, Senn and McLeod

Similar(H 5038, H 5044)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 38-71-2150 SO AS TO ESTABLISH PROHIBITED ACTS FOR PHARMACY BENEFIT MANAGERS
 AND TO PROVIDE EXCEPTIONS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION
 38-71-2130, RELATING TO THE DUTIES OF A PHARMACY BENEFIT MANAGER, SO AS TO
 REQUIRE A PHARMACY BENEFIT MANAGER TO REIMBURSE A PROVIDER WITHIN SEVEN
 BUSINESS DAYS OF PAYMENT BY A PAYOR.

   12/06/17  Senate Prefiled
   12/06/17  Senate Referred to Committee on Banking and Insurance
   01/09/18  Senate Introduced and read first time (Senate Journal-page 67)
   01/09/18  Senate Referred to Committee on Banking and Insurance
                     (Senate Journal-page 67)
   02/20/18  Senate Committee report: Favorable with amendment
                     Banking and Insurance (Senate Journal-page 11)
   03/01/18  Senate Committee Amendment Adopted (Senate Journal-page 20)
   03/01/18  Senate Read second time (Senate Journal-page 20)
   03/01/18  Senate Roll call Ayes-40  Nays-0 (Senate Journal-page 19)
   03/02/18         Scrivener's error corrected
   03/07/18  Senate Read third time and sent to House
                     (Senate Journal-page 19)
   03/08/18  House  Introduced and read first time (House Journal-page 20)
   03/08/18  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs (House Journal-page 20)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 1, 2018

S. 815

S. Printed 3/1/18--S.    [SEC 3/2/18 3:45 PM]

Read the first time January 9, 2018.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-2150 SO AS TO ESTABLISH PROHIBITED ACTS FOR PHARMACY BENEFIT MANAGERS AND TO PROVIDE EXCEPTIONS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 38-71-2130, RELATING TO THE DUTIES OF A PHARMACY BENEFIT MANAGER, SO AS TO REQUIRE A PHARMACY BENEFIT MANAGER TO REIMBURSE A PROVIDER WITHIN SEVEN BUSINESS DAYS OF PAYMENT BY A PAYOR.

Amend Title To Conform

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

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."

SECTION    2.    This act takes effect on July 1, 2018.