1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1377 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 27-1-51. |
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7 | 7 | | Synopsis: Prescription drug pricing. Provides that the price that a |
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8 | 8 | | health plan, third party administrator, or pharmacy benefit manager sets |
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9 | 9 | | for a covered individual's purchase of a prescription drug from a |
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10 | 10 | | pharmacist or pharmacy must be equal to or less than the amount |
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11 | 11 | | directly or indirectly paid by the health plan, third party administrator, |
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12 | 12 | | or pharmacy benefit manager to the pharmacist or pharmacy for the |
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13 | 13 | | prescription drug. |
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14 | 14 | | Effective: July 1, 2024. |
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15 | 15 | | Schaibley, Barrett, McGuire |
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16 | 16 | | January 10, 2024, read first time and referred to Committee on Insurance. |
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17 | 17 | | 2024 IN 1377—LS 6886/DI 141 Introduced |
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18 | 18 | | Second Regular Session of the 123rd General Assembly (2024) |
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19 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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20 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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21 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
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22 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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23 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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24 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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25 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
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26 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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27 | 27 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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28 | 28 | | HOUSE BILL No. 1377 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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30 | 30 | | insurance. |
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31 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
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32 | 32 | | 1 SECTION 1. IC 27-1-51 IS ADDED TO THE INDIANA CODE AS |
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33 | 33 | | 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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34 | 34 | | 3 1, 2024]: |
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35 | 35 | | 4 Chapter 51. Prescription Drug Pricing |
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36 | 36 | | 5 Sec. 1. As used in this chapter, "covered individual" means an |
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37 | 37 | | 6 individual who is entitled to coverage under a health plan. |
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38 | 38 | | 7 Sec. 2. As used in this chapter, "health plan" means the |
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39 | 39 | | 8 following: |
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40 | 40 | | 9 (1) A state employee health plan (as defined in IC 5-10-8-6.7). |
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41 | 41 | | 10 (2) A policy of accident and sickness insurance (as defined in |
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42 | 42 | | 11 IC 27-8-5-1). However, the term does not include the |
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43 | 43 | | 12 coverages described in IC 27-8-5-2.5(a). |
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44 | 44 | | 13 (3) An individual contract (as defined in IC 27-13-1-21) or a |
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45 | 45 | | 14 group contract (as defined in IC 27-13-1-16) that provides |
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46 | 46 | | 15 coverage for basic health care services (as defined in |
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47 | 47 | | 16 IC 27-13-1-4). |
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48 | 48 | | 17 (4) Medicaid or a managed care organization (as defined in |
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49 | 49 | | 2024 IN 1377—LS 6886/DI 141 2 |
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50 | 50 | | 1 IC 12-7-2-126.9) that has contracted with Medicaid to provide |
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51 | 51 | | 2 services to a Medicaid recipient. |
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52 | 52 | | 3 (5) A self-funded health benefit plan, including a self-funded |
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53 | 53 | | 4 health benefit plan that complies with the federal Employee |
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54 | 54 | | 5 Retirement Income Security Act (ERISA) of 1974 (29 U.S.C. |
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55 | 55 | | 6 1001 et seq.). |
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56 | 56 | | 7 (6) Any other plan or program that provides payment, |
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57 | 57 | | 8 reimbursement, or indemnification to a covered individual for |
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58 | 58 | | 9 the cost of prescription drugs. |
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59 | 59 | | 10 Sec. 3. As used in this chapter, "pharmacist" has the meaning |
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60 | 60 | | 11 set forth in IC 27-1-24.5-9. |
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61 | 61 | | 12 Sec. 4. As used in this chapter, "pharmacy" has the meaning set |
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62 | 62 | | 13 forth in IC 27-1-24.5-11. |
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63 | 63 | | 14 Sec. 5. As used in this chapter, "pharmacy benefit manager" has |
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64 | 64 | | 15 the meaning set forth in IC 27-1-24.5-12. |
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65 | 65 | | 16 Sec. 6. As used in this chapter, "third party administrator" |
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66 | 66 | | 17 means a person or an organization that performs administrative |
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67 | 67 | | 18 services for a health plan. |
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68 | 68 | | 19 Sec. 7. (a) This section applies to a contract that is entered into, |
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69 | 69 | | 20 issued, amended, or renewed after December 31, 2024. |
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70 | 70 | | 21 (b) The price that a health plan, third party administrator, or |
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71 | 71 | | 22 pharmacy benefit manager sets for a covered individual's purchase |
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72 | 72 | | 23 of a prescription drug from a pharmacist or pharmacy must be: |
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73 | 73 | | 24 (1) equal to; or |
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74 | 74 | | 25 (2) less than; |
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75 | 75 | | 26 the amount directly or indirectly paid by the health plan, third |
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76 | 76 | | 27 party administrator, or pharmacy benefit manager to the |
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77 | 77 | | 28 pharmacist or pharmacy for the prescription drug. |
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78 | 78 | | 2024 IN 1377—LS 6886/DI 141 |
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