RÉSUMÉ DIGEST
ACT 161 (HB 433) 2019 Regular Session LeBas
New law authorizes any pharmacy or pharmacist who has a contract with a pharmacy benefit
manager (PBM) administering any type of drug or pharmacy benefit plan to decline to
provide a covered drug, device, or service if the pharmacy or pharmacist will be or is paid
less than the acquisition cost for the covered drug, device, or service.
New law provides that if the pharmacy or pharmacist declines to provide a drug, device, or
service as authorized by new law, then the pharmacy or pharmacist shall provide the
customer with adequate information as to where the prescription for the drug, device, or
service may be filled.
New law prohibits a PBM from canceling a contract with the pharmacy or pharmacist, suing
for breach of contract, using the decision to decline as a cause for not renewing the contract,
or retaliating against or penalizing the pharmacy or pharmacist in any way.
New law provides that the commission of any act prohibited by new law shall be considered
an unfair method of competition and unfair practice or act which shall subject the violator
to actions provided for in existing law known as the Unfair Trade Practices and Consumer
Protection Law (R.S. 51:1401 et seq.). Provides that any provision of a contract that is
contrary to new law shall be null, void, and unenforceable.
New law enacts its provisions in the La. Insurance Code (Title 22 of existing law) and in the
La. Pharmacy Practice Act (Ch. 14 of Title 37 of existing law).
Effective upon signature of governor (June 6, 2019).
(Amends R.S. 22:1860.3; Adds R.S. 37:1219(D)-(F))