Indiana 2025 2025 Regular Session

Indiana Senate Bill SB0140 Comm Sub / Bill

Filed 01/23/2025

                    *SB0140.1*
January 24, 2025
SENATE BILL No. 140
_____
DIGEST OF SB 140 (Updated January 22, 2025 12:59 pm - DI 104)
Citations Affected:  IC 25-26; IC 27-1.
Synopsis:  Pharmacy benefits. Requires an ambulatory pharmacy to
provide, before March 1, 2027, and March 1 of every other year
thereafter, data to the Indiana board of pharmacy (board) relating to the
pharmacy's dispensing costs for the previous calendar year. Requires
the board to share the dispensing data with the commissioner of the
department of insurance (commissioner). Requires the commissioner
to: (1) make a determination relating to the average cost to dispense a
prescription drug in an ambulatory pharmacy for purposes of
determining the minimum reimbursement for a professional dispensing
fee; and (2) conduct a study every two years relating to the dispensing
data. Requires an insurer, a pharmacy benefit manager, or any other
administrator of pharmacy benefits to ensure that a network utilized by
the insurer, pharmacy benefit manager, or other administrator is
reasonably adequate and accessible and file an annual report regarding
the networks with the commissioner. Sets forth certain limitations and
requirements with respect to the provision of pharmacy or pharmacist
services under a health plan. Allows any insured, pharmacy, or
pharmacist impacted by an alleged violation to file a complaint with the
commissioner. Provides that the commissioner may order
reimbursement to any person who has incurred a monetary loss as a
result of a violation. Repeals a superseded provision relating to equal
access and incentives to pharmacies within a pharmacy benefit
manager's network. 
Effective:  January 1, 2026.
Charbonneau, Johnson T
January 8, 2025, read first time and referred to Committee on Health and Provider
Services.
January 23, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 140—LS 6503/DI 141  January 24, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 140
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-26-27 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2026]:
4 Chapter 27. Reporting Requirements for Ambulatory
5 Pharmacies
6 Sec. 1. As used in this chapter, "ambulatory pharmacy" has the
7 meaning set forth in IC 27-1-24.6-3.
8 Sec. 2. As used in this chapter, "board" means the Indiana
9 board of pharmacy.
10 Sec. 3. As used in this chapter, "commissioner" means the
11 commissioner of the department of insurance.
12 Sec. 4. (a) An ambulatory pharmacy that is:
13 (1) located in Indiana; and
14 (2) licensed under this article;
15 shall, before March 1, 2027, and March 1 of every other year
16 thereafter, provide data to the board relating to the pharmacy's
17 dispensing costs for the previous calendar year.
SB 140—LS 6503/DI 141 2
1 (b) The data must be provided in accordance with the
2 requirements under IC 27-1-24.6-18 and section 5 of this chapter.
3 Sec. 5. The board shall adopt rules under IC 4-22-2 to
4 implement section 4 of this chapter. The rules adopted under this
5 section must:
6 (1) incorporate the data elements to be collected from each
7 ambulatory pharmacy, as determined by the commissioner
8 under IC 27-1-24.6-18; and
9 (2) establish the reporting format and manner of data
10 submission.
11 Sec. 6. (a) The board shall share the data collected under this
12 chapter with the commissioner not later than thirty (30) days after
13 the board receives the data.
14 (b) In carrying out the board's duties under this chapter, the
15 board shall cooperate and consult with the commissioner.
16 (c) All information and data acquired by the board or
17 commissioner under this chapter or IC 27-1-24.6-18 is:
18 (1) declared confidential and proprietary; and
19 (2) not subject to disclosure under IC 5-14-3.
20 Sec. 7. The board or commissioner may retain or contract with
21 one (1) or more third party vendors or contractors to collect or
22 process the data required under this chapter, or provide any other
23 expertise, service, or function necessary to carry out the board's or
24 commissioner's duties under this chapter or IC 27-1-24.6-18, if the
25 vendor or contractor:
26 (1) agrees in a written or electronic record to maintain the
27 confidential and proprietary status of the data and all
28 information relating to the data;
29 (2) is not owned by or affiliated with a pharmacy benefit
30 manager (as defined in IC 27-1-24.5-12); and
31 (3) provides interoperability in the manner in which the data
32 is reported.
33 SECTION 2. IC 27-1-24.5-19 IS REPEALED [EFFECTIVE
34 JANUARY 1, 2026]. Sec. 19. (a) A pharmacy benefit manager shall
35 provide equal access and incentives to all pharmacies within the
36 pharmacy benefit manager's network.
37 (b) A pharmacy benefit manager may not do any of the following:
38 (1) Condition participation in any network on accreditation,
39 credentialing, or licensing of a pharmacy, other than a license or
40 permit required by the Indiana board of pharmacy or other state
41 or federal regulatory authority for the services provided by the
42 pharmacy. However, nothing in this subdivision precludes the
SB 140—LS 6503/DI 141 3
1 department from providing credentialing or accreditation
2 standards for pharmacies.
3 (2) Discriminate against any pharmacy.
4 (3) Directly or indirectly retroactively deny a claim or aggregate
5 of claims after the claim or aggregate of claims has been
6 adjudicated, unless any of the following apply:
7 (A) The original claim was submitted fraudulently.
8 (B) The original claim payment was incorrect because the
9 pharmacy or pharmacist had already been paid for the drug.
10 (C) The pharmacist services were not properly rendered by the
11 pharmacy or pharmacist.
12 (4) Reduce, directly or indirectly, payment to a pharmacy for
13 pharmacist services to an effective rate of reimbursement,
14 including permitting an insurer or plan sponsor to make such a
15 reduction.
16 (5) Reimburse a pharmacy that is affiliated with the pharmacy
17 benefit manager, other than solely being included in the pharmacy
18 benefit manager's network, at a greater reimbursement rate than
19 other pharmacies in the same network.
20 (6) Impose limits, including quantity limits or refill frequency
21 limits, on a pharmacy's access to medication that differ from those
22 existing for a pharmacy benefit manager affiliate.
23 (7) Share any covered individual's information, including
24 de-identified covered individual information, received from a
25 pharmacy or pharmacy benefit manager affiliate, except as
26 permitted by the federal Health Insurance Portability and
27 Accountability Act (HIPAA) (P.L.104-191).
28 A violation of this subsection by a pharmacy benefit manager
29 constitutes an unfair or deceptive act or practice in the business of
30 insurance under IC 27-4-1-4.
31 SECTION 3. IC 27-1-24.6 IS ADDED TO THE INDIANA CODE
32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
33 JANUARY 1, 2026]:
34 Chapter 24.6. Pharmacy Benefits
35 Sec. 1. This chapter applies to a policy or contract that is issued,
36 delivered, entered into, renewed, or amended after December 31,
37 2025.
38 Sec. 2. As used in this chapter, "actual overpayment" means the
39 portion of any amount paid for pharmacy or pharmacist services
40 that:
41 (1) is duplicative because the pharmacy or pharmacist has
42 already been paid for the services; or
SB 140—LS 6503/DI 141 4
1 (2) was erroneously paid because the services were not
2 rendered in accordance with the prescriber's order, in which
3 case only the amount paid for the portion of the prescription
4 that was filled incorrectly or in excess of the prescriber's
5 order is deemed an actual overpayment.
6 Sec. 3. As used in this chapter, "ambulatory pharmacy" means
7 a pharmacy that:
8 (1) is open to the general public; and
9 (2) dispenses outpatient prescription drugs.
10 Sec. 4. As used in this chapter, "common control" includes:
11 (1) sharing common management or managers; and
12 (2) having common members on boards of directors.
13 Sec. 5. As used in this chapter, "cost sharing" means the cost to
14 an insured under a health plan according to any coverage limit,
15 copayment, coinsurance, deductible, or other out-of-pocket expense
16 requirements imposed by the health plan.
17 Sec. 6. (a) As used in this chapter, "health plan" means the
18 following:
19 (1) A state employee health plan (as defined in IC 5-10-8-6.7).
20 (2) A policy of accident and sickness insurance (as defined in
21 IC 27-8-5-1). However, the term does not include the
22 coverages described in IC 27-8-5-2.5(a).
23 (3) An individual contract (as defined in IC 27-13-1-21) or a
24 group contract (as defined in IC 27-13-1-16) that provides
25 coverage for basic health care services (as defined in
26 IC 27-13-1-4).
27 (4) Any other plan or program that provides payment,
28 reimbursement, or indemnification to a covered individual for
29 the cost of prescription drugs.
30 (b) The term does not include the following:
31 (1) A self-insured health plan provided by a hospital or health
32 system to its employees and dependents of employees if the
33 hospital or health system owns a pharmacy.
34 (2) A prescription drug plan established under Medicare Part
35 D.
36 Sec. 7. As used in this chapter, "insured" means an individual
37 covered under a health plan.
38 Sec. 8. (a) As used in this chapter, "insurer" means any of the
39 following that offer or issue a health plan:
40 (1) An insurance company.
41 (2) A health maintenance organization.
42 (3) A limited health service organization.
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1 (4) A self-insurer, including a governmental plan, church
2 plan, or multiple employer welfare arrangement.
3 (5) A provider sponsored integrated health delivery network.
4 (6) A self-insured employer organized association.
5 (7) A nonprofit hospital, medical-surgical, dental, and health
6 service corporation.
7 (8) Any other third party payor that is:
8 (A) authorized to transact health insurance business in
9 Indiana; or
10 (B) not exempt by federal law from regulation under the
11 insurance laws of Indiana.
12 (b) The term includes any person or entity that has contracted
13 with a state or federal agency to provide coverage under a health
14 plan.
15 Sec. 9. As used in this chapter, "national drug code number"
16 means the unique national drug code number that identifies:
17 (1) a specific approved drug;
18 (2) the manufacturer of the drug; and
19 (3) the package presentation of the drug.
20 Sec. 10. As used in this chapter, "net amount" means the
21 amount paid to a pharmacy or pharmacist by the insurer,
22 pharmacy benefit manager, or other administrator minus:
23 (1) any fees;
24 (2) any price concessions; and
25 (3) all other revenue;
26 passing from the pharmacy or pharmacist to the insurer,
27 pharmacy benefit manager, or other administrator.
28 Sec. 11. As used in this chapter, "pharmacy" has the meaning
29 set forth in IC 25-26-13-2.
30 Sec. 12. As used in this chapter, "pharmacy affiliate" means a
31 pharmacy, including a specialty pharmacy, that directly or
32 indirectly, through one (1) or more intermediaries:
33 (1) owns or controls;
34 (2) is owned or controlled by; or
35 (3) is under common ownership or common control with;
36 an insurer, a pharmacy benefit manager, or other administrator of
37 pharmacy benefits.
38 Sec. 13. As used in this chapter, "pharmacy benefit manager"
39 has the meaning set forth in IC 27-1-24.5-12.
40 Sec. 14. (a) As used in this chapter, "pharmacy or pharmacist
41 services" means any:
42 (1) health care procedures or treatments within the scope of
SB 140—LS 6503/DI 141 6
1 practice of a pharmacist; or
2 (2) services provided by a pharmacy or pharmacist.
3 (b) The term includes the sale and provision of the following by
4 a pharmacy or pharmacist:
5 (1) Prescription drugs.
6 (2) Home medical equipment (as defined in IC 25-26-21-2).
7 Sec. 15. As used in this chapter, "wholesale acquisition cost":
8 (1) means the manufacturer's list price for a drug to
9 wholesalers or direct purchasers in the United States for the
10 most recent month for which the information is available, as
11 reported in wholesale price guides or other publications of
12 drug pricing data; and
13 (2) does not include prompt pay or other discounts, rebates,
14 or reductions in price.
15 Sec. 16. (a) An insurer, a pharmacy benefit manager, or any
16 other administrator of pharmacy benefits that utilizes a network
17 to provide pharmacy or pharmacist services under a health plan
18 shall ensure that the network is reasonably adequate and accessible
19 with respect to the provision of pharmacy or pharmacist services.
20 (b) A reasonably adequate and accessible network with respect
21 to the provision of pharmacy or pharmacist services must, at a
22 minimum:
23 (1) offer an adequate number of accessible pharmacies that
24 are not mail order pharmacies; and
25 (2) provide convenient access to pharmacies that are not mail
26 order pharmacies within a reasonable distance of not more
27 than thirty (30) miles from each insured's residence, to the
28 extent that pharmacy or pharmacist services are available.
29 (c) An insurer, a pharmacy benefit manager, and any other
30 administrator of pharmacy benefits shall file an annual report with
31 the commissioner in a manner and form prescribed by the
32 commissioner. The annual report must describe the networks of
33 the insurer, pharmacy benefit manager, or other administrator
34 that are utilized for the provision of pharmacy or pharmacist
35 services under a health plan.
36 (d) The commissioner shall review each network reported under
37 subsection (c) to ensure that the network complies with this section.
38 (e) All information and data acquired by the department under
39 this section that is generally recognized as confidential or
40 proprietary is confidential for the purposes of IC 5-14-3-4 and may
41 not be disclosed by the department. However, the department may
42 publicly disclose aggregated information that is not descriptive of
SB 140—LS 6503/DI 141 7
1 any readily identifiable person or entity.
2 Sec. 17. (a) A contract between a pharmacy or pharmacist and
3 an insurer, a pharmacy benefit manager, or any other
4 administrator of pharmacy benefits for the provision of pharmacy
5 or pharmacist services under a health plan, either directly or
6 through a pharmacy services administrative organization or group
7 purchasing organization, must include provisions that do the
8 following:
9 (1) Outline the terms and conditions for the provision of
10 pharmacy or pharmacist services.
11 (2) Prohibit the insurer, pharmacy benefit manager, or other
12 administrator from doing the following:
13 (A) Reducing payment for pharmacy or pharmacist
14 services, directly or indirectly, under a reconciliation
15 process to an effective rate of reimbursement, including
16 creating, imposing, or establishing:
17 (i) direct or indirect remuneration fees;
18 (ii) generic effective rates;
19 (iii) dispensing effective rates;
20 (iv) brand effective rates;
21 (v) any other effective rates;
22 (vi) in network fees;
23 (vii) performance fees;
24 (viii) point of sale fees;
25 (ix) retroactive fees;
26 (x) preadjudication fees;
27 (xi) post-adjudication fees; and
28 (xii) any other mechanism that reduces or aggregately
29 reduces payment for pharmacy or pharmacist services.
30 (B) Subject to subsection (b), retroactively denying,
31 reducing reimbursement for, or seeking any refunds or
32 recoupments for a claim for pharmacy or pharmacist
33 services, in whole or in part, from the pharmacy or
34 pharmacist after returning a paid claim response as part
35 of the adjudication of the claim, including claims for the
36 cost of a medication or dispensed product and claims for
37 pharmacy or pharmacist services that are deemed
38 ineligible for coverage, unless:
39 (i) the original claim was submitted fraudulently; or
40 (ii) the pharmacy or pharmacist received an actual
41 overpayment.
42 (C) Reimbursing the pharmacy or pharmacist for a
SB 140—LS 6503/DI 141 8
1 prescription drug or other service at a net amount that is
2 less than the amount the insurer, pharmacy benefit
3 manager, or other administrator reimburses itself or a
4 pharmacy affiliate for the same:
5 (i) prescription drug by national drug code number; or
6 (ii) service.
7 (D) Collecting cost sharing from a pharmacy or
8 pharmacist that was provided to the pharmacy or
9 pharmacist by an insured for the provision of pharmacy or
10 pharmacist services under the health plan.
11 (E) Designating a prescription drug as a specialty drug
12 unless the drug is a limited distribution drug that:
13 (i) requires special handling; and
14 (ii) is not commonly carried at retail pharmacies or
15 oncology clinics or practices.
16 (3) Notwithstanding any other law, provide the following
17 minimum reimbursements to the pharmacy or pharmacist for
18 each prescription drug or other service provided by the
19 pharmacy or pharmacist:
20 (A) Reimbursement for the cost of the drug or other
21 service at an amount that is not less than:
22 (i) the national average drug acquisition cost for the
23 drug or service at the time the drug or service is
24 administered, dispensed, or provided; or
25 (ii) if the national average drug acquisition cost is not
26 available at the time a drug is administered or dispensed,
27 the wholesale acquisition cost for the drug at the time the
28 drug is administered or dispensed.
29 For purposes of this clause, the insurer, pharmacy benefit
30 manager, or other administrator shall utilize the most
31 recently published monthly national average drug
32 acquisition cost as a point of reference for the ingredient
33 drug product component of a pharmacy's or pharmacist's
34 reimbursement for drugs appearing on the national
35 average drug acquisition cost list.
36 (B) This clause does not apply to a mail order
37 pharmaceutical distributor, including a mail order
38 pharmacy. For health plan years:
39 (i) beginning on or after January 1, 2028, reimbursement
40 for a professional dispensing fee in an amount that is not
41 less than the average cost to dispense a prescription drug
42 in an ambulatory pharmacy located in Indiana, as
SB 140—LS 6503/DI 141 9
1 determined by the commissioner; or
2 (ii) beginning after December 31, 2025, and before
3 January 1, 2028, and for any subsequent health plan
4 years for which a determination under item (i) has not
5 taken effect, reimbursement for a professional
6 dispensing fee for an independent retail pharmacy in
7 Indiana or a pharmacist practicing at an independent
8 retail pharmacy in Indiana that is not less than ten
9 dollars and sixty-four cents ($10.64).
10 (b) An insurer, a pharmacy benefit manager, or any other
11 administrator of pharmacy benefits may not request a refund or
12 make a recoupment of a dispensing fee paid to the pharmacy if the
13 correct medication was dispensed to the patient.
14 Sec. 18. (a) In acquiring data for, and making, the determination
15 required under section 17(a)(3)(B)(i) of this chapter, the
16 commissioner shall:
17 (1) adopt rules under IC 4-22-2 to establish the data elements
18 to be collected by the Indiana board of pharmacy under
19 IC 25-26-27-4;
20 (2) conduct a study of the dispensing data submitted to the
21 commissioner by the Indiana board of pharmacy in
22 accordance with IC 25-26-27-6;
23 (3) repeat the study described in subdivision (2) every two (2)
24 years to obtain updated information;
25 (4) adjust the determination required under section
26 17(a)(3)(B)(i) of this chapter every two (2) years as
27 appropriate based upon the results of each study; and
28 (5) comply with all requirements of IC 25-26-27.
29 (b) In carrying out the duties set forth in this section, the
30 commissioner shall cooperate and consult with the Indiana board
31 of pharmacy.
32 Sec. 19. (a) As used in this section, "interfere" includes:
33 (1) inducing;
34 (2) steering;
35 (3) offering financial or other incentives; and
36 (4) imposing a penalty.
37 (b) Except as provided in section 17 of this chapter, with respect
38 to the provision of pharmacy or pharmacist services under a health
39 plan, an insurer, a pharmacy benefit manager, or any other
40 administrator of pharmacy benefits:
41 (1) may not:
42 (A) require or incentivize an insured to use a mail order
SB 140—LS 6503/DI 141 10
1 pharmaceutical distribution, including a mail order
2 pharmacy, such as imposing any cost sharing requirement,
3 fee, drug supply limitation, or other condition relating to
4 pharmacy or pharmacist services received from a retail
5 pharmacy that is greater, or more restrictive, than what
6 would otherwise be imposed if the insured used a mail
7 order pharmaceutical distributor, including a mail order
8 pharmacy;
9 (B) prohibit a pharmacy or pharmacist from, or impose a
10 penalty on a pharmacy or pharmacist for:
11 (i) selling a lower cost alternative to an insured, if a
12 lower cost alternative is available; or
13 (ii) providing information to an insured under subsection
14 (d);
15 (C) discriminate against any pharmacy or pharmacist that
16 is:
17 (i) located within the geographic coverage area of the
18 health plan; and
19 (ii) willing to agree to, or accept, reasonable terms and
20 conditions established for participation in the insurer's,
21 pharmacy benefit manager's, other administrator's, or
22 health plan's network;
23 (D) impose limits, including quantity limits or refill
24 frequency limits, on an insured's access to medication from
25 a pharmacy that are more restrictive than those existing
26 for a pharmacy affiliate;
27 (E) subject to subsection (c), require or incentivize an
28 insured to receive pharmacy or pharmacist services from
29 a pharmacy affiliate, including:
30 (i) requiring or incentivizing an insured to obtain a
31 specialty drug from a pharmacy affiliate;
32 (ii) charging less cost sharing to insureds that use
33 pharmacy affiliates than what is charged to insureds that
34 use nonaffiliated pharmacies; and
35 (iii) providing any incentives for insureds that use
36 pharmacy affiliates that are not provided for insureds
37 that use nonaffiliated pharmacies;
38 (F) interfere with an insured's right to choose the insured's
39 network pharmacy of choice, such as:
40 (i) promoting one (1) participating pharmacy over
41 another;
42 (ii) offering a monetary advantage;
SB 140—LS 6503/DI 141 11
1 (iii) charging higher cost sharing; and
2 (iv) reducing an insured's allowable reimbursement for
3 pharmacy or pharmacist services;
4 (G) require a pharmacy or pharmacist to enter into an
5 additional contract with an affiliate of the insurer,
6 pharmacy benefit manager, or other administrator of
7 pharmacy benefits as a condition of entering into a
8 contract with this insurer, pharmacy benefit manager, or
9 administrator; or
10 (H) require a pharmacy or pharmacist to, as a condition of
11 a contract, agree to payment rates for any affiliate of the
12 insurer, pharmacy benefit manager, or other
13 administrator of pharmacy benefits that is not a party to
14 the contract; and
15 (2) shall:
16 (A) provide equal access and incentives to all pharmacies
17 within the insurer's, pharmacy benefit manager's, other
18 administrator's, or health plan's network; and
19 (B) offer all pharmacies located in the health plan's
20 geographic coverage area eligibility to participate in the
21 insurer's, pharmacy benefit manager's, other
22 administrator's, or health plan's network under identical
23 reimbursement terms for the provision of pharmacy or
24 pharmacist services.
25 (c) Subsection (b)(1)(E) may not be construed to prohibit:
26 (1) communications to insureds regarding networks and
27 prices if the communication is accurate and includes
28 information about all eligible nonaffiliated pharmacies; or
29 (2) an insurer, a pharmacy benefit manager, or any other
30 administrator of pharmacy benefits from:
31 (A) requiring an insured to utilize a network that may
32 include pharmacy affiliates in order to receive coverage
33 under the health plan; or
34 (B) providing financial incentives for utilizing the network,
35 if the insurer, pharmacy benefit manager, or other
36 administrator complies with this section and section 16 of
37 this chapter.
38 (d) A pharmacist shall have the right to provide an insured with
39 information regarding lower cost alternatives to assist the insured
40 in making informed decisions.
41 Sec. 20. (a) Any insured, pharmacy, or pharmacist impacted by
42 an alleged violation of this chapter may file a complaint with the
SB 140—LS 6503/DI 141 12
1 commissioner.
2 (b) The commissioner shall:
3 (1) review and investigate all complaints filed under this
4 section;
5 (2) issue, in writing, a determination to the insured,
6 pharmacy, or pharmacist as to whether a violation occurred;
7 and
8 (3) for alleged violations of section 17(a)(2)(E) of this chapter,
9 consult with the Indiana board of pharmacy in making the
10 determination of whether a violation occurred.
11 (c) An insurer, a pharmacy benefit manager, or any other
12 administrator of pharmacy benefits shall:
13 (1) respond to; and
14 (2) comply with;
15 any requests made by the commissioner under this section.
16 Sec. 21. In addition to any other remedies, penalties, or damages
17 available under common law or statute, the commissioner may
18 order reimbursement to any person who has incurred a monetary
19 loss as a result of a violation of this chapter.
20 Sec. 22. This chapter applies to the extent that it is not in conflict
21 with federal law.
SB 140—LS 6503/DI 141 13
COMMITTEE REPORT
Mr. President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 140, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, line 28, delete "and".
Page 2, line 30, delete "IC 27-1-24.5-12)." and insert "IC
27-1-24.5-12); and
(3) provides interoperability in the manner in which the data
is reported.".
Page 7, line 4, delete "administration" and insert "administrative".
Page 10, line 35, delete "or".
Page 11, line 1, delete "and".
Page 11, between lines 1 and 2, begin a new line double block
indented and insert:
"(G) require a pharmacy or pharmacist to enter into an
additional contract with an affiliate of the insurer,
pharmacy benefit manager, or other administrator of
pharmacy benefits as a condition of entering into a
contract with this insurer, pharmacy benefit manager, or
administrator; or
(H) require a pharmacy or pharmacist to, as a condition of
a contract, agree to payment rates for any affiliate of the
insurer, pharmacy benefit manager, or other
administrator of pharmacy benefits that is not a party to
the contract; and".
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 140 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 10, Nays 1.
SB 140—LS 6503/DI 141