Mississippi House Bill HB1298

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Pharmacy benefit managers; require to use national average drug acquisition cost.

Impact

The implementation of this bill would represent a significant shift in the reimbursement structure for pharmacies, directly impacting how pharmacy benefit managers operate within the state. By requiring adherence to the NADAC, the bill intends to stabilize drug pricing and prevent under-reimbursement, which can negatively affect pharmacy viability and patient access to medications. The bill's provisions are designed to provide equitable resources and support for community pharmacies against larger PBM practices that may favor cost-saving measures over fair compensation.

Summary

House Bill 1298 addresses the regulations surrounding pharmacy benefit managers (PBMs) in Mississippi. The bill mandates that PBMs must utilize and adhere to the National Average Drug Acquisition Cost (NADAC) when reimbursing pharmacies for drugs. It stipulates that PBMs cannot reimburse pharmacies or pharmacists for the ingredient drug product component of pharmacist services at an amount less than the NADAC. If the NADAC is unavailable, the reimbursement must not fall below the wholesale acquisition cost. This regulation aims to ensure that pharmacies are fairly compensated for the services they provide.

Contention

During discussions regarding HB 1298, there were concerns raised about the potential ramifications of enforcing a single pricing standard, as it could impact market competition among pharmacies and PBMs. Some advocates posit that this could lead to increased drug prices, while opponents argue that it is essential for preventing exploitative practices by PBMs that may compromise patient access to essential medications. The bill also brings forward existing sections of state law related to pharmacy benefit regulations for possible amendments, suggesting a broader effort to regulate and oversee the operations of PBMs to ensure compliance with the newly established provisions.