Pharmacies; delivery of prescription drugs, pharmacy benefits managers. (HB2223)

Introduced By

Del. Israel O'Quinn (R-Bristol) with support from co-patron Del. Todd E. Pillion (R-Abingdon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Pharmacies; delivery of prescription drugs; pharmacy benefits managers. Provides that whenever any pharmacy delivers a prescription drug order for which refrigeration is required by mail, common carrier, or delivery service, when the drug order is not personally hand-delivered directly to the patient or his agent at the person's residence or other designated location, the shipment shall include a means for the (i) detection of temperature variations that may cause chemical degradation of the drugs and (ii) notification of the patient of the variation. The measure also (a) requires a pharmacy benefits manager (PBM) or carrier to permit each covered individual to fill any mail order-covered prescription, at the covered individual's option, at any mail order pharmacy or network participating retail community pharmacy if the network participating retail community pharmacy agrees to accept a price that is comparable to that of the mail order pharmacy; (b) prohibits the carrier or PBM from imposing a differential co-payment, additional fee, or other condition on any covered individual who elects to fill his prescription at an in-network retail community pharmacy that is not similarly imposed on covered individuals electing to fill a prescription from a mail order pharmacy; (c) requires the PBM to utilize the same benchmark index to reimburse all pharmacies participating in the health benefit plan regardless of whether a pharmacy is a mail order pharmacy or a retail community pharmacy; and (d) requires the PBM to disclose to the carrier in the contract if the PBM retains all or a greater portion of a drug manufacturer's rebate amount or any additional direct or indirect remuneration from any third party for drugs dispensed through the PBM-owned mail order pharmacy than the PBM does for drugs dispensed through a retail community pharmacy. The measure applies with respect to contracts with a PBM entered into, amended, extended, or renewed on or after January 1, 2020. Amends § 54.1-3420.2, of the Code of Virginia. Read the Bill »


01/16/2019: Awaiting a Vote in the Health, Welfare and Institutions Committee


01/08/2019Prefiled and ordered printed; offered 01/09/19 19103343D
01/08/2019Referred to Committee on Health, Welfare and Institutions
01/16/2019Assigned HWI sub: Subcommittee #1

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