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2 | 2 | | |
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3 | 3 | | LCO No. 2507 1 of 2 |
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4 | 4 | | |
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5 | 5 | | General Assembly Proposed Bill No. 821 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 2507 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on INSURANCE AND REAL ESTATE |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | SEN. MARTIN, 31st Dist. |
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17 | 17 | | |
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18 | 18 | | AN ACT CONCERNING PHARMACY BENEFITS MANAGER REFORM |
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19 | 19 | | AND PRICE GOUGING IN THE HEALTH CARE SECTOR. |
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20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 21 | | Assembly convened: |
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22 | 22 | | |
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23 | 23 | | That title 38a of the general statutes be amended to: (1) Prohibit any 1 |
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24 | 24 | | pharmacy benefits manager from imposing post-transaction fees or 2 |
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25 | 25 | | implementing reimbursement clawbacks on pharmacies; (2) require that 3 |
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26 | 26 | | any rebate, discount or financial incentive provided by any drug 4 |
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27 | 27 | | manufacturer to any pharmacy benefits manager be passed directly to 5 |
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28 | 28 | | the covered person at the point of sale; (3) decouple any pharmacy 6 |
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29 | 29 | | benefits manager compensation from the cost of medications; (4) 7 |
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30 | 30 | | prohibit any pharmacy benefits manager from charging fees for 8 |
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31 | 31 | | formulary placement or tier-level access; (5) require that any group 9 |
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32 | 32 | | purchasing organization that contracts with any pharmacy benefits 10 |
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33 | 33 | | manager in this state be incorporated in the United States and that such 11 |
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34 | 34 | | group purchasing organization disclose all fees and administrative costs 12 |
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35 | 35 | | associated with such contracts; (6) prohibit any pharmacy benefits 13 |
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36 | 36 | | manager from prioritizing more expensive medications over less 14 |
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37 | 37 | | expensive and clinically appropriate medications; (7) prohibit any 15 Proposed Bill No. 821 |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | LCO No. 2507 2 of 2 |
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41 | 41 | | |
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42 | 42 | | pharmacy benefits manager from preventing pharmacists from 16 |
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43 | 43 | | informing patients about lower-priced prescription drugs; (8) require 17 |
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44 | 44 | | that cash payments for prescription drugs be applied toward any 18 |
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45 | 45 | | coinsurance, copayment, deductible or other out-of-pocket expense; (9) 19 |
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46 | 46 | | require that the Attorney General oversee pharmacy benefits manager 20 |
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47 | 47 | | operations in this state to ensure compliance with rebate transparency 21 |
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48 | 48 | | and clawback prohibitions and to establish a duty of care owed by 22 |
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49 | 49 | | pharmacy benefits managers; and (10) allow the Attorney General to 23 |
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50 | 50 | | investigate, intervene in or bring a civil or administrative action in the 24 |
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51 | 51 | | name of the state, seeking injunctive or declaratory relief, damages and 25 |
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52 | 52 | | any other relief that may be available under law, whenever any person 26 |
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53 | 53 | | in the insurance, pharmaceutical, pharmacy benefits management or 27 |
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54 | 54 | | utility sector is or has engaged in a practice or pattern of conduct that 28 |
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55 | 55 | | constitutes price gouging. 29 |
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56 | 56 | | Statement of Purpose: |
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57 | 57 | | To reform pharmacy benefits manager practices in this state, establish a |
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58 | 58 | | duty of care for pharmacy benefits managers and regulate health care |
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59 | 59 | | price gouging in this state. |
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