New Jersey Senate Bill S2221

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

Establishes new transparency standards for business of pharmacy benefits managers and establishes licensure requirements.

Impact

The bill significantly alters existing state laws by enhancing regulatory oversight of PBMs, which are critical players in managing prescription drug benefits for carriers. By envisioning a system where PBMs are licensed and monitored regularly, the state aims to protect consumers from potential abuses and ensure a fairer pricing structure for prescription drugs. This shift could lead to lowered out-of-pocket costs for consumers as PBMs are compelled to act in accordance with legal and ethical standards that prioritize patient and consumer welfare.

Summary

Senate Bill S2221 aims to establish new transparency standards for the business practices of pharmacy benefits managers (PBMs) and introduces new licensure requirements for these entities in New Jersey. The bill mandates that PBMs must apply for a license with the Department of Banking and Insurance every two years, ensuring they adhere to fiduciary responsibilities towards the carriers they contract with. Additionally, the legislation requires PBMs to keep the department updated on any changes to their licensing information, with penalties for non-compliance, reinforcing accountability within the industry.

Contention

While proponents of S2221 argue that these changes will bring about necessary transparency and accountability in the pharmaceutical sector, critics may view the increased regulatory burden as potentially stifling innovation within the PBM industry. Concerns may also arise about the adequacy of the minimum standards set forth in the bill and whether they truly address the complexities and varying practices across PBMs. Ultimately, the balance between regulation and operational flexibility for PBMs will be a topic of continued discussion following the introduction of this legislation.