1 | 1 | | 25 LC 62 0212 |
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2 | 2 | | House Resolution 948 |
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3 | 3 | | By: Representatives Stephens of the 164 |
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4 | 4 | | th |
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5 | 5 | | , Kelley of the 16 |
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6 | 6 | | th |
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7 | 7 | | , Hawkins of the 27 |
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8 | 8 | | th |
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9 | 9 | | , Buckner |
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10 | 10 | | of the 137 |
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11 | 11 | | th |
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12 | 12 | | , and Newton of the 127 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A RESOLUTION |
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16 | 16 | | Creating the House Study Committee on Pharmacy Benefits Managers and Consumer Access |
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17 | 17 | | 1 |
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18 | 18 | | to Prescription Medications; and for other purposes.2 |
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19 | 19 | | WHEREAS, according to the United States Office of Health Policy, the cost of prescription3 |
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20 | 20 | | drugs has increased at rates exceeding the rate of inflation each year since 2016; and4 |
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21 | 21 | | WHEREAS, pharmacy benefits managers administer prescription drug insurance benefits,5 |
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22 | 22 | | negotiate with drug manufacturers and pharmacies, and establish drug formularies and6 |
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23 | 23 | | pharmacy networks; and7 |
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24 | 24 | | WHEREAS, pharmacy benefits managers undertake practices that have been criticized and8 |
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25 | 25 | | investigated by industry stakeholders, including health policy experts, state attorneys general,9 |
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26 | 26 | | and the Federal Trade Commission; and10 |
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27 | 27 | | WHEREAS, such policies include leveraging vertical integration to steer patients to11 |
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28 | 28 | | pharmacy benefits manager affiliate pharmacies, marking up the cost of medications at12 |
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29 | 29 | | pharmacy benefits manager owned pharmacies, manipulating pharmacy reimbursement rates,13 |
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30 | 30 | | and engaging in other unfair practices that harm patients, retail pharmacies, payers, and14 |
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31 | 31 | | employers; and15 |
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32 | 32 | | H. R. 948 |
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33 | 33 | | - 1 - 25 LC 62 0212 |
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34 | 34 | | WHEREAS, in 2019, Georgia passed the first pharmacy benefits manager steering laws in |
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35 | 35 | | 16 |
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36 | 36 | | the nation but many believe that pharmacy benefits managers continue to steer patients to17 |
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37 | 37 | | pharmacy benefits manager affiliate pharmacies within this state; and18 |
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38 | 38 | | WHEREAS, Georgia law requires that pharmacy benefits managers publicly report drug19 |
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39 | 39 | | prices that are greater than 10 percent over the national average drug acquisition costs and20 |
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40 | 40 | | such reports have revealed markups for some medications for commercial and government21 |
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41 | 41 | | payers and markups of thousands of percent above the national average drug acquisition22 |
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42 | 42 | | costs for medications used to treat multiple sclerosis, cancer, and kidney disease, among23 |
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43 | 43 | | other medications; and24 |
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44 | 44 | | WHEREAS, a recent study by the Georgia Center for Rural Prosperity and Innovation at25 |
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45 | 45 | | Abraham Baldwin Agricultural College indicates that pharmacy benefits manager practices26 |
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46 | 46 | | pose risks to patients and independent pharmacies, including increasing the number of27 |
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47 | 47 | | counties in Georgia without a single pharmacy.28 |
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48 | 48 | | NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:29 |
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49 | 49 | | (1) Creation of House study committee. There is created the House Study Committee30 |
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50 | 50 | | on Pharmacy Benefits Managers and Consumer Access to Prescription Medications.31 |
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51 | 51 | | (2) Members and officers. The committee shall be composed of the following32 |
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52 | 52 | | members:33 |
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53 | 53 | | (A) The chairperson of the House Committee on Appropriations;34 |
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54 | 54 | | (B) The chairperson of the House Committee on Health;35 |
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55 | 55 | | (C) Three other members of the House of Representatives or experts on pharmacy36 |
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56 | 56 | | benefits managers or consumer access to prescription medication to be appointed by the37 |
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57 | 57 | | Speaker of the House of Representatives; and38 |
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58 | 58 | | H. R. 948 |
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59 | 59 | | - 2 - 25 LC 62 0212 |
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60 | 60 | | (D) The Speaker of the House of Representatives shall designate a member of the |
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61 | 61 | | 39 |
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62 | 62 | | committee as chairperson of the committee.40 |
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63 | 63 | | (3) Powers and duties. The committee shall undertake a study of the conditions, needs,41 |
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64 | 64 | | issues, and problems mentioned above or related thereto and recommend any action or42 |
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65 | 65 | | legislation which the committee deems necessary or appropriate.43 |
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66 | 66 | | (4) Meetings. The chairperson shall call all meetings of the committee. The committee44 |
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67 | 67 | | may conduct such meetings at such places and at such times as it may deem necessary or45 |
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68 | 68 | | convenient to enable it to exercise fully and effectively its powers, perform its duties, and46 |
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69 | 69 | | accomplish the objectives and purposes of this resolution.47 |
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70 | 70 | | (5) Allowances, expenses, and funding.48 |
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71 | 71 | | (A) The legislative members of the committee shall receive the allowances provided49 |
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72 | 72 | | for in Code Section 28-1-8 of the Official Code of Georgia Annotated.50 |
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73 | 73 | | (B) Members of the committee who are state officials, other than legislative members,51 |
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74 | 74 | | or state employees shall receive no compensation for their services on the committee,52 |
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75 | 75 | | but they may be reimbursed for expenses incurred by them in the performance of their53 |
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76 | 76 | | duties as members of the committee in the same manner as they are reimbursed for54 |
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77 | 77 | | expenses in their capacities as state officials or employees.55 |
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78 | 78 | | (C) Members of the committee who are not legislators, state officials, or state56 |
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79 | 79 | | employees shall receive a daily expense allowance in an amount the same as that57 |
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80 | 80 | | specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia58 |
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81 | 81 | | Annotated, as well as the mileage or transportation allowance authorized for state59 |
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82 | 82 | | employees.60 |
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83 | 83 | | (D) The allowances authorized by this resolution shall not be received by any member61 |
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84 | 84 | | of the committee for more than five days unless additional days are authorized. Funds62 |
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85 | 85 | | necessary to carry out the provisions of this resolution shall come from funds63 |
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86 | 86 | | appropriated to the House of Representatives; except that funds for the reimbursement64 |
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87 | 87 | | of the expenses of state officials, other than legislative members, and for the65 |
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88 | 88 | | H. R. 948 |
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90 | 90 | | reimbursement of the expenses of state employees shall come from funds appropriated |
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91 | 91 | | 66 |
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92 | 92 | | to or otherwise available to their respective agencies.67 |
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93 | 93 | | (6) Report.68 |
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94 | 94 | | (A) In the event the committee adopts any specific findings or recommendations that69 |
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95 | 95 | | include suggestions for proposed legislation, the chairperson shall file a report of the70 |
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96 | 96 | | same prior to the date of abolishment specified in this resolution, subject to71 |
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97 | 97 | | subparagraph (C) of this paragraph.72 |
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98 | 98 | | (B) In the event the committee adopts a report that does not include suggestions for73 |
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99 | 99 | | proposed legislation, the chairperson shall file the report, subject to subparagraph (C)74 |
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100 | 100 | | of this paragraph.75 |
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101 | 101 | | (C) No report shall be filed unless the same has been approved prior to the date of76 |
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102 | 102 | | abolishment specified in this resolution by majority vote of a quorum of the committee.77 |
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103 | 103 | | A report so approved shall be signed by the chairperson of the committee and filed with78 |
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104 | 104 | | the Clerk of the House of Representatives.79 |
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105 | 105 | | (D) In the absence of an approved report, the chairperson may file with the Clerk of the80 |
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106 | 106 | | House of Representatives a copy of the minutes of the meetings of the committee in lieu81 |
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107 | 107 | | thereof.82 |
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108 | 108 | | (7) Abolishment. The committee shall stand abolished on December 1, 2025.83 |
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109 | 109 | | H. R. 948 |
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