Hawaii 2022 Regular Session

Hawaii Senate Bill SB2443

Introduced
1/21/22  
Refer
1/24/22  
Report Pass
2/18/22  
Refer
2/18/22  
Report Pass
3/3/22  
Engrossed
3/8/22  

Caption

Relating To Pharmacy Benefit Managers.

Impact

If enacted, SB2443 would notably impact state laws surrounding pharmacy practices, specifically targeting the operational procedures of PBMs. By prohibiting differentiated reimbursements for 340B pharmacies and implementing additional enforcement mechanisms, the bill aims to create a fairer landscape for pharmacists and consumers alike. The changes pose a direct challenge to the traditional practices of PBMs, particularly in how drug pricing and reimbursements are managed across various pharmacy types. Overall, these modifications are anticipated to bolster consumer rights and decrease potential conflicts of interest.

Summary

Senate Bill 2443 addresses significant regulatory changes concerning pharmacy benefit managers (PBMs) in Hawaii. The bill seeks to prohibit PBMs from engaging in practices that may restrict transparency between pharmacists and consumers. Key provisions include preventing PBMs from limiting pharmacists' ability to provide essential treatment information and ensuring consumers do not pay more for prescription drugs than the cash price. Additionally, the bill aims to streamline regulatory practices, enhance enforcement authority for the insurance commissioner, and amend existing definitions related to PBMs in state law.

Sentiment

The sentiment surrounding SB2443 appears to be largely positive from consumer advocacy perspectives. Supporters believe that the bill will enhance transparency and protect consumers from unfair pricing practices. However, some stakeholders express concerns that strict regulations on PBMs could lead to unintended consequences, including higher overall costs for pharmacy services or reductions in service availability if PBMs become less willing to negotiate favorable terms with pharmacies. The debate encapsulates tensions between consumer protection and the operational flexibilities of PBMs.

Contention

Notable points of contention in the discussions surrounding SB2443 include its implications for the financial viability of PBMs and the potential repercussions on drug pricing dynamics. Skeptics argue that the bill could disrupt existing agreements between PBMs and pharmacies, potentially leading to decreased access for consumers if reimbursements are reduced. Similarly, concerns have been raised regarding the repeal of existing laws, such as the one mandating the Department of Health to enforce PBM contracts, which opponents fear could lead to insufficient oversight. As a result, the bill’s final shape and its potential implications for stakeholders across the healthcare spectrum continue to be closely monitored.

Companion Bills

HI HB1783

Same As Relating To Pharmacy Benefit Managers.

Previously Filed As

HI HB2553

Relating To Pharmacists.

HI SB693

Relating To Pharmacists.

HI HB1221

Relating To Pharmacists.

HI SB165

Relating To Pharmacists.

HI SB2605

Relating To Health Care.

HI HB2554

Relating To Pharmacies.

HI HB1966

Relating To Health Care.

HI SB2899

Relating To Pharmacists.

HI HB1180

Relating To Health Care.

HI SB892

Relating To Health Care.

Similar Bills

HI SB602

Relating To Pharmacy Benefit Managers.

WV HB4112

Provide consumers a choice for pharmacy services

AL HB238

Pharmacy Benefits Managers; Providing more regulation

VT H0233

An act relating to licensure and regulation of pharmacy benefit managers

NH HB1580

Relative to pharmacy benefits managers.

AL SB252

Pharmacy Benefits Managers; providing a prescription reimbursement rate for independent pharmacies and regulating other practices

LA HB436

Provides relative to the regulation of pharmacy benefit managers (RE NO IMPACT See Note)

AL SB99

Drug Insurance Benefits; impose more restrictions on pharmacy benefit managers