Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1155

Introduced
2/16/23  
Refer
2/16/23  

Caption

To enact pharmacy benefit manager duties

Impact

The proposed legislation seeks to enhance consumer protections and ensure that the interests of patients are prioritized in pharmacy benefit management. By obligating PBMs to act transparently and in good faith, the bill aims to combat issues related to spread pricing and hidden costs associated with prescription drugs. With increased accountability and oversight by the commissioner of insurance, the bill intends to create a more regulated environment for PBMs, enhancing the quality of drug benefit management and potentially lowering costs for consumers. If passed, it would streamline regulatory oversight and improve the management of prescription drug benefits across the state.

Summary

House Bill 1155, titled 'An Act to enact pharmacy benefit manager duties', aims to establish a comprehensive framework governing the responsibilities of pharmacy benefit managers (PBMs) in the Commonwealth of Massachusetts. The bill introduces Chapter 175N into the General Laws, which outlines duties related to transparency, care, and fair dealing that PBMs owe to enrollees of health benefit plans, health insurers, and providers. Key provisions include requirements for PBMs to manage their services with transparency and in the best interests of enrollees, by disclosing any potential conflicts of interest and obligations for formulary design, utilization management, and appeals processing.

Contention

However, the bill has generated some discussion regarding the balance of responsibilities between PBMs and health insurers. Some stakeholders argue that the increased duties imposed on PBMs might lead to higher operational costs, potentially impacting the overall pricing of health benefit plans. Critics of the bill express concerns that extensive regulations could complicate the relationship between PBMs, insurers, and healthcare providers, which may have unintended consequences on the accessibility of medications for patients. Hence, the intricacies of implementing this law may lead to debates over the regulations that the commissioner of insurance will ultimately set into motion.

Companion Bills

MA S2362

Similar To Clarifying the duties of the adjutant general

MA S1164

Similar To Protecting warehouse workers

MA H156

Similar To Empowering the office of the child advocate to enforce its statutory duties

MA H3497

Similar To Clarifying the duties of the adjutant general

MA H2526

Similar To Relative to defining employees in Group 2

MA H4879

Replaced by Study Order

Previously Filed As

MA H873

Relative to voting rights

MA H2178

Relative to establishing a prevailing wage for security officers

MA H1060

Relative to solid waste disposal facilities in environmental justice communities

MA H2016

To designate the courthouse in the Roxbury section of the city of Boston as the Edward O. Gourdin Courthouse

MA H123

To create cannabis career pathways to incarcerated individuals

MA H124

To remove HCA real estate barriers to equitable participation in the cannabis industry

MA H1794

To designate the courthouse in the Roxbury section of the city of Boston as the Edward O. Gourdin Courthouse

MA H185

To remove HCA real estate barriers to equitable participation in the cannabis industry

Similar Bills

HI SB602

Relating To Pharmacy Benefit Managers.

LA HB244

Provides for the regulation of pharmacy services administrative organizations

HI HB24

Relating To Pharmacy Benefit Managers.

HI SB2443

Relating To Pharmacy Benefit Managers.

MN HF2851

Reverse auction procurement requirement for SEGIP pharmacy benefit contracts modified, use of spread pricing by pharmacy benefit managers prohibited, license application fees increased, fiduciary duties imposed, and money appropriated.

MN SF3063

Reverse auction procurement requirement modification for SEGIP pharmacy benefit contracts

AR SB593

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act; And To Create The Pharmacy Services Administrative Organization Act.

TX SB2261

Relating to the practices and operation of pharmacy benefit managers; providing administrative penalties.