Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S714

Introduced
2/16/23  

Caption

Relative to pharmaceutical "gag clauses"

Impact

If enacted, S714 would significantly alter the dynamics between pharmacists, patients, and health insurance companies. It removes the prohibition against pharmacists sharing pricing information with patients, ensuring they can disclose when a cash price may be lower than what a patient would pay through insurance. This potential shift could lead to reduced out-of-pocket expenses for consumers as they become aware of more cost-effective purchasing methods.

Summary

Bill S714, titled 'An Act relative to pharmaceutical gag clauses', aims to enhance transparency in the pricing of prescription medications. This legislation seeks to eliminate restrictive clauses present in contracts between health insurance carriers or pharmacy benefits managers and pharmacies, which currently prevent pharmacists from freely discussing medication costs or alternative purchasing options with consumers. By addressing these gag clauses, the bill intends to empower patients with the necessary information to make informed decisions about their medications.

Contention

The passage of S714 may not be without controversy. While the bill is designed to protect consumer interests by promoting price transparency, there are concerns that health insurance carriers and pharmacy benefits managers may oppose these changes. They could argue that such provisions might lead to increased costs or undermine the negotiated rates that are central to their business models. Thus, the bill's proponents will need to address these pushbacks effectively to ensure it resonates across differing stakeholders in the healthcare system.

Companion Bills

MA S2636

Replaced by Order relative to authorizing the joint committee on Financial Services to make an investigation and study of certain current Senate documents relative to financial services matters.

Similar Bills

No similar bills found.