Pharmacy benefits managers; licensure and regulation. (SB251)

Introduced By

Sen. John Edwards (D-Roanoke) with support from co-patron Sen. Todd E. Pillion (R-Abingdon)

Progress

✓
 Introduced
✓
 Passed Committee
✓
 Passed House
✓
 Passed Senate
☐
 Signed by Governor
☐
 Became Law

Description

Pharmacy benefits managers; licensure and regulation. Provides that no person is authorized to provide pharmacy benefits management services or otherwise act as a pharmacy benefits manager without first obtaining a license from the State Corporation Commission. The measure prohibits a carrier on its own or through its contracted pharmacy benefits manager or representative of a pharmacy benefits manager from (i) causing or knowingly permitting the use of any advertisement, promotion, solicitation, representation, proposal, or offer that is untrue; (ii) charging a pharmacist or pharmacy a fee related to the adjudication of a claim other than a reasonable fee for an initial claim submission; (iii) reimbursing a pharmacy or pharmacist an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services, calculated on a per-unit basis using the same generic product identifier or generic code number and reflecting all drug manufacturer's rebates, direct and indirect administrative fees, and costs and any remuneration; or (iv) penalizing or retaliating against a pharmacist or pharmacy for exercising rights provided by this measure. The measure also prohibits a carrier from (a) imposing provider accreditation standards or certification requirements inconsistent with, more stringent than, or in addition to requirements of the Virginia Board of Pharmacy or other state or federal entity; (b) including any mail order pharmacy or pharmacy benefits manager affiliate in calculating or determining network adequacy; or (c) conducting spread pricing in the Commonwealth. The measure also imposes recordkeeping and reporting requirements. The bill has a delayed effective date of October 1, 2020. This bill incorporates SB 252 and SB 862 and is identical to HB 1290. Read the Bill »

Status

03/03/2020: Passed the General Assembly

History

DateAction
01/02/2020Prefiled and ordered printed; offered 01/08/20 20101086D
01/02/2020Referred to Committee on Commerce and Labor
01/15/2020Assigned C&L sub: Health Insurance
01/16/2020Impact statement from SCC (SB251)
01/27/2020Reported from Commerce and Labor with substitute (9-Y 6-N) (see vote tally)
01/27/2020Incorporates SB252 (Edwards)
01/27/2020Incorporates SB862 (Pillion)
01/27/2020Committee substitute printed 20105876D-S1
01/29/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/30/2020Passed by for the day
01/31/2020Passed by for the day
02/03/2020Printed as engrossed 20105876D-ES1
02/03/2020Read second time
02/03/2020Reading of substitute waived
02/03/2020Committee substitute agreed to 20105876D-S1
02/03/2020Reading of amendments waived
02/03/2020Amendments by Senator Hanger rejected
02/03/2020Engrossed by Senate - committee substitute SB251S1
02/04/2020Read third time and passed Senate (33-Y 7-N) (see vote tally)
02/04/2020Impact statement from SCC (SB251S1)
02/18/2020Placed on Calendar
02/18/2020Read first time
02/18/2020Referred to Committee on Labor and Commerce
02/18/2020Reported from Labor and Commerce with amendments (20-Y 0-N) (see vote tally)
02/20/2020Read second time
02/21/2020Read third time
02/21/2020Committee amendments agreed to
02/21/2020Engrossed by House as amended
02/21/2020Passed House with amendments BLOCK VOTE (98-Y 0-N)
02/21/2020VOTE: Block Vote Passage (98-Y 0-N) (see vote tally)
02/25/2020House amendments agreed to by Senate (38-Y 2-N) (see vote tally)
03/02/2020Enrolled
03/02/2020Bill text as passed Senate and House (SB251ER)
03/02/2020Impact statement from SCC (SB251ER)
03/02/2020Signed by Speaker
03/03/2020Signed by President
03/12/2020Enrolled Bill Communicated to Governor on March 12, 2020
03/12/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/11/2020Governor's recommendation received by Senate
04/22/2020Reconsideration of Governor's recommendation agreed to (40-Y 0-N) (see vote tally)
04/22/2020Passed by temporarily
04/22/2020Senate rejected Governor's recommendation (19-Y 21-N) (see vote tally)
04/22/2020Reconsideration of Governor's recommendation rejected (35-Y 3-N) (see vote tally)
04/22/2020Second reconsideration requires unanimous consent
04/22/2020Communicated to Governor
04/22/2020G Governor's Action Deadline 11:59 p.m., May 22, 2020