Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1322 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 340 FILED ON: 1/8/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1322
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Danillo A. Sena
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act ensuring access to specialty medications.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/8/2025 1 of 3
16	16	HOUSE DOCKET, NO. 340 FILED ON: 1/8/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1322
18	18	By Representative Sena of Acton, a petition (accompanied by bill, House, No. 1322) of Danillo
19	19	A. Sena relative to access to specialty medications. Financial Services.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE DOCKET, NO. 4324 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act ensuring access to specialty medications.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting after
31	31	2section 39J the following section:-
32	32	3 Section 39K. (a) For the purposes of this section, a “specialty pharmacy” may include
33	33	4any pharmacy in the commonwealth engaged in the dispensing of specialty medications as
34	34	5defined in section 3B of chapter 176D; provided further, that “specialty pharmacy” shall not
35	35	6include a mail service pharmacy.
36	36	7 The board shall establish a procedure to license specialty pharmacies, which prescribe,
37	37	8ship, mail, sell or dispense specialty medications in the commonwealth. The board shall take
38	38	9steps to ensure that all shipments of pharmaceutical drugs from in-state pharmacies to out-of- 2 of 3
39	39	10state destinations are in compliance with the licensing procedures applicable to pharmacies in the
40	40	11commonwealth.
41	41	12 (b) (1) A specialty pharmacy shall designate a pharmacist in charge who shall register
42	42	13with the board and shall be responsible for the pharmacy’s compliance with this chapter. Such
43	43	14pharmacist in charge shall be licensed and in good standing with the competent board of
44	44	15registration in pharmacy in the jurisdiction where the pharmacy is located.
45	45	16 (2) The designated pharmacist in charge shall disclose to the board the location, name
46	46	17and title of all principal managers and the name and applicable in-state board of registration
47	47	18license number of the designated pharmacist in charge, if applicable, and a letter from the board
48	48	19of registration of pharmacy certifying that the pharmacist in charge is in good standing with the
49	49	20applicable in-state board of registration. The designated pharmacist in charge shall submit a
50	50	21report containing this information and a copy of the certifying letter of good standing annually
51	51	22and within 30 days after any change of office, corporate office or manager of record.
52	52	23 (3) The designated pharmacist in charge shall certify to the board that the pharmacy
53	53	24maintains, at all times, a current unrestricted license, permit or registration to conduct the
54	54	25pharmacy in compliance with the laws and regulations of the jurisdiction in which the designated
55	55	26pharmacist in charge is licensed to practice. The pharmacy shall certify its compliance with
56	56	27reasonable informational requests made by the board and shall notify the board of any
57	57	28enforcement or disciplinary action taken against the pharmacy regardless of the state in which
58	58	29the enforcement action is taken.
59	59	30 (4) Annually, the designated pharmacist in charge shall certify to the board that the
60	60	31pharmacy maintains records of all drugs dispensed to patients in the commonwealth, and that 3 of 3
61	61	32these records are readily available, upon the request of the board. Annually, the designated
62	62	33pharmacist in charge shall send to the board a list of drugs dispensed in the commonwealth.
63	63	34 (c) No pharmacy or pharmacist operating outside of the state shall prescribe, ship, mail,
64	64	35sell, transfer or dispense drug preparations in the commonwealth unless that pharmacy has been
65	65	36granted a specialty license pursuant to this section.
66	66	37 (d) The division of insurance may adopt any written policies or procedures or promulgate
67	67	38regulations that the division determines are necessary to implement this section.
68	68	39 SECTION 2. The fourth paragraph of section 3B of chapter 176D of the General Laws,
69	69	40as appearing in the 2020 Official Edition of the General Laws, is hereby amended by inserting
70	70	41after the second sentence the following sentences:- A carrier shall not prohibit the dispensing of
71	71	42specialty drugs as defined by this section that are included in its pharmaceutical drug benefits to
72	72	43insureds by any licensed pharmacy; provided, however, that the pharmacy is able to comply with
73	73	44the special handling, administration and monitoring requirements of the specialty drug. A carrier
74	74	45shall allow any network pharmacy to provide specialty drugs if the pharmacy agrees to the same
75	75	46reimbursement terms and conditions.