REFERENCE TITLE: prescription drugs; delivery; pricing; appeals

 

 

 

State of Arizona

Senate

Fifty-third Legislature

First Regular Session

2017

 

 

SB 1436

 

Introduced by

Senator Barto

 

 

AN ACT

 

Amending title 20, chapter 25, Arizona Revised Statutes, by adding article 2; relating to pharmacy benefits.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 20, chapter 25, Arizona Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2.  PRESCRIPTION DRUG BENEFITS

START_STATUTE20-3325.  Definitions

In this article, unless the context otherwise requires:

1.  "Pharmacist" has the same meaning prescribed in section 32‑1901.

2.  "Pharmacy" has the same meaning prescribed in section 32‑1901.

3.  "Pharmacy benefits manager" has the same meaning prescribed in section 20‑3321. END_STATUTE

START_STATUTE20-3326.  Delivery of prescriptions; patient notification

A pharmacy benefits manager or other entity that administers prescription drug benefits in this state may not prohibit:

1.  A contracted pharmacy from mailing or delivering prescriptions to patients. A contracted pharmacy shall comply with all applicable Arizona state board of pharmacy rules.

2.  By contract a pharmacy or pharmacist from informing the patient that the patient may be able to procure a medication at a lower cost.END_STATUTE

START_STATUTE20-3327.  Prescription drug pricing; notification; appeals process

A.  A pharmacy benefits manager or other entity that administers prescription drug benefits in this state shall establish a process to update the prescription drug prices used to reimburse a network pharmacy at least every seven days. When updating the prescription drug prices, the pharmacy benefits manager or other entity shall disclose the prescription drug prices in advance of their use for reimbursement in a manner and format that is usable by each network pharmacy. The updated price shall reflect prescription drugs that are commercially available for purchase by the pharmacy benefits manager's or other entity's network pharmacies.

B.  Each pharmacy benefits manager or other entity shall establish and make available a written appeals process that includes a process to appeal, investigate and resolve disputes regarding prescription drug pricing. A pharmacy shall have at least thirty days after the date of adjudication to appeal a pricing discrepancy. Beginning January 1, 2018, this written pricing and appeals process shall be included in all contracts entered into or renewed between a network pharmacy and a pharmacy benefits manager or other entity.END_STATUTE