SLS 18RS-557 ORIGINAL
2018 Regular Session
SENATE BILL NO. 324
BY SENATOR MILLS
INSURANCE COMMISSIONER. Provides relative to limitations on contracts with
pharmacies. (1/1/19)
1 AN ACT
2 To amend and reenact R.S. 22:1060.6(B), relative to pharmacies and pharmacists; to provide
3 limitations on contracts between pharmacies and pharmacists and certain other
4 entities; to prohibit certain restrictions from being included in the contracts; to
5 provide for an effective date; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:1060.6(B) is hereby amended and reenacted to read as follows:
8 ยง1060.6. Limitation; patient payment; prohibited acts
9 * * *
10 B. The provision established in Subsection A of this Section shall become
11 effective on January 1, 2017. No contract entered into in this state between an
12 insurer, a pharmacy benefit manager, or any other entity and a pharmacist or
13 pharmacy shall contain a provision prohibiting the pharmacist from disclosing
14 any relevant information to an individual purchasing prescription medication,
15 including but not limited to the cost of the prescription medication, actual
16 reimbursement to the pharmacist for the sale of the prescription medication,
17 efficacy of the prescription medication, and the availability of any alternative
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 324
SLS 18RS-557 ORIGINAL
1 medications that are less expensive than the prescription medication.
2 C. Any provision of a contract that violates the provisions of this Section
3 shall be unenforceable and constitute an unfair or deceptive act pursuant to
4 R.S. 22:1961 et seq.
5 Section 2. This Act shall become effective on January 1, 2019.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by LG Sullivan.
DIGEST
SB 324 Original 2018 Regular Session Mills
Present law prohibits an individual from being required to make a payment for pharmacists'
services in an amount greater than the amount the pharmacist or pharmacy providing the
pharmacists' services may retain from all payment sources.
Proposed law retains present law.
Proposed law prohibits any contract entered into in this state between an insurer, a pharmacy
benefit manager, or any other entity and a pharmacist or pharmacy from containing a
provision prohibiting the pharmacist from disclosing any relevant information to an
individual purchasing prescription medication. Further provides that any provision of a
contract which violates the provisions of proposed law shall be unenforceable and constitutes
an unfair trade practice pursuant to present law.
Effective January 1, 2019.
(Amends R.S. 22:1060.6(B))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.