Virginia House Bill HB1041

Virginia 2025 Regular Session

• Introduced: 1/10/24
• Refer: 1/10/24

Caption

Health insurance; cost-sharing, pharmacy benefits managers' compensation and duties, civil penalty.

Impact

The most significant impact of HB 1041 could be on the relationship between PBMs, health care providers, and enrollees. By establishing that defined cost-sharing for prescription drugs must be calculated at the point of sale, the bill intends to pass on the benefit of rebates directly to enrollees, potentially lowering their out-of-pocket expenses. Furthermore, the requirement for PBMs to disclose all instances of spread pricing is expected to enhance accountability in the pricing of prescription medications, thereby benefiting consumers who rely on these essential services.

Summary

House Bill 1041 seeks to revise regulations surrounding pharmacy benefits managers (PBMs) and their obligations to health benefit plans and enrollees in Virginia. It addresses the manner in which PBMs are compensated and the transparency of their operations. The bill amends existing laws to specify that PBMs can only derive income from management fees, ensuring that their compensation is not based on the cost or pricing metrics of prescription drugs. This adjustment is aimed at promoting fairness in the cost-sharing that enrollees experience when accessing their medications.

Contention

Debates around HB 1041 highlighted concerns regarding the balance between regulation and the autonomy of PBMs. Supporters argue that increased transparency and limitations on compensation will protect consumers and ensure fair access to medications. However, opponents raised concerns that such regulations may reduce the flexibility of PBMs to negotiate effectively, potentially leading to higher overall costs in the market. There is an ongoing discussion about the appropriateness of state intervention in the operational structures of PBMs and the overall effects on the healthcare system in Virginia.