2018 Regular Session ENROLLED
SENATE BILL NO. 241
BY SENATORS MORRELL, BARROW, LUNEAU, MILLS, PERRY AND PRICE
1 AN ACT
2 To amend and reenact R.S. 22:1657 and to enact R.S. 37:1219, relative to pharmacist
3 communication with patients; to provide for cost options regarding prescription
4 drugs; to provide for immunity; to provide for prohibited contract clauses; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:1657 is hereby amended and reenacted to read as follows:
8 §1657. Pharmacy benefit managers
9 A. A pharmacy benefit manager shall be deemed to be a third-party
10 administrator for purposes of this Part. As such, all provisions of this Part shall apply
11 to pharmacy benefit managers; however, notwithstanding the provisions of R.S.
12 22:1651(F), every pharmacy benefit manager shall be required to be licensed by the
13 commissioner of insurance.
14 B.(1) No pharmacy benefit manager or other entity that administers
15 prescription drug benefits in Louisiana shall prohibit, by contract, a pharmacy
16 or pharmacist from informing a patient of all relevant options when acquiring
17 their prescription medication, including but not limited to the cost and clinical
18 efficacy of a more affordable alternative if one is available and the ability to pay
19 cash if a cash payment for the same drug is less than an insurance copayment
20 or deductible payment amount.
21 (2) On or after August 1, 2018, any contract provision prohibiting the
22 communication provided for in this Subsection shall be severable from the
23 contract and considered void and not enforceable in Louisiana.
24 Section 2. R.S. 37:1219 is hereby enacted to read as follows:
ACT No. 317
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 241 ENROLLED
1 §1219. Affordable alternative options to prescription drugs
2 A. Pharmacists may provide sufficient information to a patient to allow
3 him an opportunity to consider all relevant options when acquiring prescription
4 medication, including but not limited to the cost and clinical efficacy of a more
5 affordable alternative if one is available and the ability to pay cash if a cash
6 payment for the same drug is less than an insurance copayment or deductible
7 payment amount.
8 B. Failure to comply with this Section shall not constitute a violation of
9 a pharmacist's standard of care regarding the patient. No pharmacist shall be
10 penalized by the board or any third party for failure to comply with the
11 provisions of this Section.
12 C.(1) No pharmacy or pharmacist shall be bound to terms of a contract
13 with a pharmacy benefit manager or other entity that administers prescription
14 drug benefits that prevent disclosure of the information provided for in this
15 Section.
16 (2) On or after August 1, 2018, any contract provision prohibiting the
17 communication provided for in this Section shall be severable from the contract
18 and considered void and not enforceable in Louisiana.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.