New Mexico 2023 Regular Session

New Mexico Senate Bill SB498

Caption

Pharmacy Benefit Manager Restrictions

Impact

The implications of SB498 on state laws are substantial. By enacting stricter requirements for PBMs, the bill aims to level the playing field for local pharmacies that often struggle against large corporate PBMs. This legislation is designed to protect independent pharmacies from being reimbursed below their acquisition costs, which has been a common grievance among them. The increased transparency and appeal avenues are predicted to mitigate unfair reimbursement practices, thereby promoting equitable access to pharmaceutical services for patients.

Summary

Senate Bill 498 (SB498) introduces significant amendments to the Pharmacy Benefits Manager Regulation Act. The bill aims to create additional restrictions for pharmacy benefits managers (PBMs) to ensure fair practices in the management of drug pricing and reimbursement. By expanding appeal procedures related to maximum allowable cost lists, the bill seeks to empower pharmacies to challenge inadequate reimbursements, particularly for generic drugs. Furthermore, it emphasizes the need for transparency in contract provisions between PBMs and pharmacies, mandating that contracts must be presented in plain language and prohibiting unfair practices that could harm pharmacy operations.

Contention

Despite the potential benefits, notable points of contention surround the implementation of SB498. Critics argue that while the measures are well-intentioned, they may lead to increased administrative burdens on PBMs, which could ultimately trickle down to patients in the form of higher drug prices. Additionally, stakeholders within the pharmaceutical industry express concerns that the bill might unintentionally limit drug availability if PBMs cannot adjust pricing effectively in response to market changes. Thus, while the bill aims to enhance accountability within the PBM sector, it raises questions about the balance between regulation and the operational flexibility needed to manage pharmaceutical costs efficiently.

Companion Bills

No companion bills found.

Previously Filed As

NM HB226

Pharmacies/pharmacists/benefits Managers

NM SB121

Pharmacies/pharmacists/benefits Managers

NM SB62

Pharmacy Benefit Manager Fees

NM SB14

Pharmacy Benefits Changes

NM SB99

Drug Insurance Benefits; impose more restrictions on pharmacy benefit managers

NM HB740

Revise laws relating to pharmacies, pharmacy benefit managers, and other entities

NM HB1159

INS-PHARMACY BENEFIT MANAGERS

NM HB4548

INS-PHARMACY BENEFIT MANAGERS

NM HB1580

Relative to pharmacy benefits managers.

NM SB503

Prohibit Certain Pharmacy Benefits Mgr. Acts

Similar Bills

NM SB62

Pharmacy Benefit Manager Fees

SD SB163

Address transparency in prescription drug pricing.

NM SB14

Pharmacy Benefits Changes

SD HB1135

Provide for transparency in the pricing of prescription drugs.

WI AB173

Regulation of pharmacy benefit managers, fiduciary and disclosure requirements on pharmacy benefit managers, and application of prescription drug payments to health insurance cost-sharing requirements. (FE)

WI SB203

Regulation of pharmacy benefit managers, fiduciary and disclosure requirements on pharmacy benefit managers, and application of prescription drug payments to health insurance cost-sharing requirements. (FE)

RI S2069

Pharmacies

WI SB737

Regulation of pharmacy benefit managers, fiduciary and disclosure requirements on pharmacy benefit managers, and application of prescription drug payments to health insurance cost-sharing requirements. (FE)