HLS 24RS-3545 ENGROSSED
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
22to medication, or causing a forced switch to a medication not prescribed by the patient's
23doctor; and
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HCR NO. 96
1 WHEREAS, it is important for Louisiana to ensure that patient assistance programs
2remain sustainable and available to support the population for which they are intended.
3 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
4authorize and request the Department of Insurance to create the Louisiana Alternative
5Funding Program Task Force to study the impact of alternative funding programs on patient
6access to affordable prescription drugs.
7 BE IT FURTHER RESOLVED that the Louisiana Alternative Funding Program Task
8Force shall be comprised of the following members:
9 (1) The commissioner of insurance.
10 (2) The chief executive officer of the Louisiana State Medical Society.
11 (3) The executive director of the Louisiana Oncology Society.
12 (4) The founder of the Survivor's Cancer Action Network - SCAN.
13 (5) The president of the Rheumatology Alliance of Louisiana.
14 (6) The executive director of the Coalition of State Rheumatology Organizations.
15 (7) The chief executive officer of the Louisiana Association of Health Plans.
16 (8) The president of Health Agents for America.
17 (9) The president of the Louisiana Association of Health Underwriters.
18 (10) The chief executive officer of the Louisiana Business Group on Health.
19 (11) The regional director, state affairs, of AHIP (formerly America's Health
20Insurance Plans).
21 (12) The president of the Louisiana AFL-CIO.
22 (13) The president of the Pharmaceutical Care Management Association.
23 (14) The chief executive officer of Pharmaceutical Research and Manufacturers of
24America.
25 (15) The chief executive officer of the Louisiana Independent Pharmacies
26Association.
27 BE IT FURTHER RESOLVED that the Louisiana Alternative Funding Program Task
28Force shall study all of the following:
29 (1) The history and prevalence of alternative funding programs in the United States
30and Louisiana, including but not limited to the types of health insurance products that utilize,
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HCR NO. 96
1all or in part, alternative funding programs to provide access, coverage, or discounts for
2prescription drugs.
3 (2) The business model of alternative funding programs.
4 (3) The impact of alternative funding programs on patient assistance programs for
5prescription medications, including but not limited to long-term stability of those patient
6assistance programs if an upswing in alternative funding programs is realized across an
7increased number of health insurance products.
8 (4) The impact of alternative funding programs on coverage of prescription
9medications if the utilization of alternative funding programs is expanded across additional
10insurance products, including but not limited to commercial health coverage plans, health
11coverage plans offered to public employees, and health coverage plans offered to individuals
12in the state's health insurance exchange.
13 BE IT FURTHER RESOLVED that the commissioner of insurance shall serve as the
14chairman of the task force and the staff of the Department of Insurance shall provide support
15to the task force.
16 BE IT FURTHER RESOLVED that each appointed member of the task force may
17appoint a designee who shall serve on the task force on his behalf.
18 BE IT FURTHER RESOLVED that the members of the task force shall serve
19without compensation, except per diem or expense reimbursement to which they may be
20individually entitled as members of their constituent organizations.
21 BE IT FURTHER RESOLVED that a majority of the total membership shall
22constitute a quorum of the task force, and any official action by the task force shall require
23an affirmative vote of a majority of the quorum present and voting.
24 BE IT FURTHER RESOLVED that the names of the members designated in this
25Resolution shall be submitted to the chairman of the task force by July 15, 2024, and the
26chairman shall thereafter call the first meeting of the task force by August 15, 2024.
27 BE IT FURTHER RESOLVED that the task force shall meet as necessary and
28provide a written report of its findings from the study, together with any recommendations
29for legislation, to the House Committee on Insurance, the Senate Committee on Insurance,
30and the David R. Poynter Legislative Research Library no later than December 31, 2024.
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HCR NO. 96
1 BE IT FURTHER RESOLVED that the task force shall terminate upon the date of
2submission of its report.
3 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
4commissioner of insurance; the chief executive officer of the Louisiana State Medical
5Society; the executive director of the Louisiana Oncology Society; the founder of the
6Survivor's Cancer Action Network - SCAN; the president of the Rheumatology Alliance of
7Louisiana; the executive director of the Coalition of State Rheumatology Organizations; the
8chief executive officer of the Louisiana Association of Health Plans; the president of Health
9Agents for America; the president of the Louisiana Association of Health Underwriters; the
10chief executive officer of the Louisiana Business Group on Health; the regional director,
11state affairs, of AHIP; the president of the Louisiana AFL-CIO; the president of the
12Pharmaceutical Care Management Association; the chief executive officer of Pharmaceutical
13Research and Manufacturers of America; and the chief executive officer of the Louisiana
14Independent 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 Engrossed 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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
original bill:
1. Add certain members to the task force and provide for transmittal of the
resolution to those additional members.
2. Make technical changes.
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