Indiana 2024 Regular Session

Indiana House Bill HB1377 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1377
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 27-1-51.
77 Synopsis: Prescription drug pricing. Provides that the price that a
88 health plan, third party administrator, or pharmacy benefit manager sets
99 for a covered individual's purchase of a prescription drug from a
1010 pharmacist or pharmacy must be equal to or less than the amount
1111 directly or indirectly paid by the health plan, third party administrator,
1212 or pharmacy benefit manager to the pharmacist or pharmacy for the
1313 prescription drug.
1414 Effective: July 1, 2024.
1515 Schaibley, Barrett, McGuire
1616 January 10, 2024, read first time and referred to Committee on Insurance.
1717 2024 IN 1377—LS 6886/DI 141 Introduced
1818 Second Regular Session of the 123rd General Assembly (2024)
1919 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2020 Constitution) is being amended, the text of the existing provision will appear in this style type,
2121 additions will appear in this style type, and deletions will appear in this style type.
2222 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2323 provision adopted), the text of the new provision will appear in this style type. Also, the
2424 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2525 a new provision to the Indiana Code or the Indiana Constitution.
2626 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2727 between statutes enacted by the 2023 Regular Session of the General Assembly.
2828 HOUSE BILL No. 1377
2929 A BILL FOR AN ACT to amend the Indiana Code concerning
3030 insurance.
3131 Be it enacted by the General Assembly of the State of Indiana:
3232 1 SECTION 1. IC 27-1-51 IS ADDED TO THE INDIANA CODE AS
3333 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3434 3 1, 2024]:
3535 4 Chapter 51. Prescription Drug Pricing
3636 5 Sec. 1. As used in this chapter, "covered individual" means an
3737 6 individual who is entitled to coverage under a health plan.
3838 7 Sec. 2. As used in this chapter, "health plan" means the
3939 8 following:
4040 9 (1) A state employee health plan (as defined in IC 5-10-8-6.7).
4141 10 (2) A policy of accident and sickness insurance (as defined in
4242 11 IC 27-8-5-1). However, the term does not include the
4343 12 coverages described in IC 27-8-5-2.5(a).
4444 13 (3) An individual contract (as defined in IC 27-13-1-21) or a
4545 14 group contract (as defined in IC 27-13-1-16) that provides
4646 15 coverage for basic health care services (as defined in
4747 16 IC 27-13-1-4).
4848 17 (4) Medicaid or a managed care organization (as defined in
4949 2024 IN 1377—LS 6886/DI 141 2
5050 1 IC 12-7-2-126.9) that has contracted with Medicaid to provide
5151 2 services to a Medicaid recipient.
5252 3 (5) A self-funded health benefit plan, including a self-funded
5353 4 health benefit plan that complies with the federal Employee
5454 5 Retirement Income Security Act (ERISA) of 1974 (29 U.S.C.
5555 6 1001 et seq.).
5656 7 (6) Any other plan or program that provides payment,
5757 8 reimbursement, or indemnification to a covered individual for
5858 9 the cost of prescription drugs.
5959 10 Sec. 3. As used in this chapter, "pharmacist" has the meaning
6060 11 set forth in IC 27-1-24.5-9.
6161 12 Sec. 4. As used in this chapter, "pharmacy" has the meaning set
6262 13 forth in IC 27-1-24.5-11.
6363 14 Sec. 5. As used in this chapter, "pharmacy benefit manager" has
6464 15 the meaning set forth in IC 27-1-24.5-12.
6565 16 Sec. 6. As used in this chapter, "third party administrator"
6666 17 means a person or an organization that performs administrative
6767 18 services for a health plan.
6868 19 Sec. 7. (a) This section applies to a contract that is entered into,
6969 20 issued, amended, or renewed after December 31, 2024.
7070 21 (b) The price that a health plan, third party administrator, or
7171 22 pharmacy benefit manager sets for a covered individual's purchase
7272 23 of a prescription drug from a pharmacist or pharmacy must be:
7373 24 (1) equal to; or
7474 25 (2) less than;
7575 26 the amount directly or indirectly paid by the health plan, third
7676 27 party administrator, or pharmacy benefit manager to the
7777 28 pharmacist or pharmacy for the prescription drug.
7878 2024 IN 1377—LS 6886/DI 141