HLS 24RS-3545 ORIGINAL 2024 Regular Session HOUSE CONCURRENT RESOL UTION NO. 96 BY REPRESENTATIVE BROWN INSURANCE/HEALTH: Requests the Department of Insurance to study the impact of alternative funding programs on patient access to affordable prescription drugs 1 A CONCURRENT RESOL UTION 2To authorize and request the Department of Insurance to create the Louisiana Alternative 3 Funding Program Task Force to study the impact of alternative funding programs on 4 patient access to affordable prescription drugs. 5 WHEREAS, ensuring access to medically necessary medication is critical to the 6health outcomes of patients in Louisiana; and 7 WHEREAS, according to survey data, as many as eight percent of health coverage 8plans are using alternative funding programs, and thirty-one percent are exploring their use; 9and 10 WHEREAS, alternative funding program vendors have been reported to remove 11health plan coverage for specialty drugs prescribed to a patient or specialty drugs altogether, 12despite the fact that the patient continues to make payments for prescription drug coverage 13under a health coverage plan; and 14 WHEREAS, an alternative funding program's removal of coverage may be done to 15disguise the patient as uninsured or underinsured for the purpose of the patient applying and 16qualifying for assistance from needs-based patient assistance programs; and 17 WHEREAS, shifting of patients who otherwise have purchased prescription drug 18coverage to patient assistance programs could threaten the availability of needs-based 19assistance for those who truly qualify for the use of patient assistance programs; and 20 WHEREAS, a patient assistance program may reject patients when detecting that the 21patient is being disguised as uninsured, leading to significant delays in care, loss of access Page 1 of 4 HLS 24RS-3545 ORIGINAL HCR NO. 96 1to medication, or causing a forced switch to a medication not prescribed by the patient's 2doctor; and 3 WHEREAS, it is important for Louisiana to ensure that patient assistance programs 4remain sustainable and available to support the population for which they are intended. 5 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 6authorize and request the Department of Insurance to create the Louisiana Alternative 7Funding Program Task Force to study the impact of alternative funding programs on patient 8access to affordable prescription drugs. 9 BE IT FURTHER RESOLVED that the Louisiana Alternative Funding Program Task 10Force shall be comprised of the following members: 11 (1) The commissioner of insurance. 12 (2) The chief executive officer of the Louisiana State Medical Society. 13 (3) The executive director of the Louisiana Oncology Society. 14 (4) The president of the Rheumatology Alliance of Louisiana. 15 (5) The executive director of the Coalition of State Rheumatology Organizations. 16 (6) The chief executive officer of the Louisiana Association of Health Plans. 17 (7) The president of Health Agents for America. 18 (8) The president of the Pharmaceutical Care Management Association. 19 (9) The chief executive officer of Pharmaceutical Research and Manufacturers of 20America. 21 (10) The chief executive officer of the Louisiana Independent Pharmacies 22Association. 23 BE IT FURTHER RESOLVED that the Louisiana Alternative Funding Program Task 24Force shall study all of the following: 25 (1) The history and prevalence of alternative funding programs in the United States 26and Louisiana, including but not limited to the types of health insurance products that utilize, 27all or in part, alternative funding programs to provide access, coverage, or discounts for 28prescription drugs. 29 (2) The business model of alternative funding programs. Page 2 of 4 HLS 24RS-3545 ORIGINAL HCR NO. 96 1 (3) The impact of alternative funding programs on patient assistance programs for 2prescription medications, including but not limited to long-term stability of those patient 3assistance programs if an upswing in alternative funding programs is realized across an 4increased number of health insurance products. 5 (4) The impact of alternative funding programs on coverage of prescription 6medications if the utilization of alternative funding programs is expanded across additional 7insurance products, including but not limited to commercial health coverage plans, health 8coverage plans offered to public employees, and health coverage plans offered to individuals 9in the state's health insurance exchange. 10 BE IT FURTHER RESOLVED that the commissioner of insurance shall serve as the 11chairman of the task force and the staff of the Department of Insurance shall provide support 12to the task force. 13 BE IT FURTHER RESOLVED that each appointed member of the task force may 14appoint a designee who shall serve on the task force on his behalf. 15 BE IT FURTHER RESOLVED that the members of the task force shall serve 16without compensation, except per diem or expense reimbursement to which they may be 17individually entitled as members of their constituent organizations. 18 BE IT FURTHER RESOLVED that a majority of the total membership shall 19constitute a quorum of the task force, and any official action by the task force shall require 20an affirmative vote of a majority of the quorum present and voting. 21 BE IT FURTHER RESOLVED that the names of the members designated in this 22Resolution shall be submitted to the chairman of the task force by July 15, 2024, and the 23chairman shall thereafter call the first meeting of the task force by August 15, 2024. 24 BE IT FURTHER RESOLVED that the task force shall meet as necessary and 25provide a written report of its findings from the study, together with any recommendations 26for legislation, to the House Committee on Insurance, the Senate Committee on Insurance, 27and the David R. Poynter Legislative Research Library no later than December 31, 2024. 28 BE IT FURTHER RESOLVED that the task force shall terminate upon the date of 29submission of its report. Page 3 of 4 HLS 24RS-3545 ORIGINAL HCR NO. 96 1 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the 2commissioner of insurance, the chief executive officer of the Louisiana State Medical 3Society, the executive director of the Louisiana Oncology Society, the president of the 4Rheumatology Alliance of Louisiana, the executive director of the Coalition of State 5Rheumatology Organizations, the chief executive officer of the Louisiana Association of 6Health Plans, the president of Health Agents for America, the president of the 7Pharmaceutical Care Management Association, the chief executive officer of Pharmaceutical 8Research and Manufacturers of America, and the chief executive officer of the Louisiana 9Independent Pharmacies Association. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HCR 96 Original 2024 Regular Session Brown Creates the La. Alternative Funding Program Task Force to study and make recommendations regarding the impact of alternative funding programs on patient access to affordable prescription drugs. Specifies the members of the task force and provides that members serve without compensation, except for such reimbursement or per diem they are individually entitled to as members of the constituent groups they represent. Requests the task force to report its findings, with any recommendations for legislation, no later than Dec. 1, 2024. Page 4 of 4