PRINTER'S NO. 235
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.301
Session of
2025
INTRODUCED BY HUGHES, COMITTA, STREET, HAYWOOD, SCHWANK AND
COSTA, FEBRUARY 25, 2025
REFERRED TO BANKING AND INSURANCE, FEBRUARY 25, 2025
AN ACT
Amending the act of September 27, 1961 (P.L.1700, No.699),
entitled "An act relating to the regulation of the practice
of pharmacy, including the sales, use and distribution of
drugs and devices at retail; and amending, revising,
consolidating and repealing certain laws relating thereto ,"
providing for price disclosure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of September 27, 1961 (P.L.1700, No.699),
known as the Pharmacy Act, is amended by adding a section to
read:
Section 9.6. Price Disclosure.--(a) For every prescription
medication that a consumer intends to purchase, a pharmacy or an
authorized employe of the pharmacy shall, upon request, disclose
the following:
(1) The current pharmacy retail price of the brand-name drug
and any generically equivalent drug available at the pharmacy,
where applicable.
(2) The consumer's cost-sharing amount of the brand-name
drug and any generically equivalent drug available at the
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20 pharmacy, where applicable.
(3) Information on where to apply for subsidized health
coverage through the Commonwealth's official health insurance
exchange, using materials developed by the exchange authority,
which shall be made available on the exchange authority's
publicly accessible Internet website and shared with the board.
(4) A disclaimer, which shall be included with the
information required under this section. The disclaimer shall
state: "A consumer's health care choices, including whether a
particular on-exchange health insurance policy is appropriate
for the consumer, should not be based solely on the information
provided, but should instead be considered in connection with
the consumer's other health care and financial circumstances."
(b) A pharmacy shall be required to keep an electronic or
paper copy of this section, including any rules and regulations
issued under this section, on file. A pharmacy shall post in a
conspicuous manner at all locations where prescription
medications are sold a notice informing the consumer of the
right to request disclosures provided for under this section.
The board shall notify each pharmacy of any change to this
section and any change to rules and regulations issued under
this section. A pharmacy shall have thirty days to update the
copy and notice from the date the pharmacy was notified by the
board of a change. The board shall furnish each pharmacy with a
copy of this section, any rules and regulations issued under
this section and the notice as required under this subsection.
(c) The notice and disclosure required under subsection (b)
shall be presented in a manner that is simple and easy to
understand.
(d) A pharmacy that fails to comply with the requirements of
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30 this section shall be guilty of a summary offense and, upon
conviction, shall be sentenced to pay a fine of not more than
five hundred dollars ($500).
(e) The board, in consultation with the exchange authority
and Insurance Department, as appropriate, shall adopt rules and
regulations as necessary to carry out and enforce this section.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
(1) "Cost-sharing amount" means the amount owed by a
policyholder under the terms of the policyholder's health
insurance policy or as required by a pharmacy benefits manager.
(2) "Exchange authority" means the Pennsylvania Health
Insurance Exchange Authority established under 40 Pa.C.S. § 9302
(relating to Pennsylvania Health Insurance Exchange Authority).
(3) "Generically equivalent drug" means the term as defined
under section 2 of the act of November 24, 1976 (P.L.1163,
No.259), referred to as the Generic Equivalent Drug Law.
(4) "Health insurance policy" means the term as defined in
40 Pa.C.S. § 9103 (relating to definitions).
(5) "On-exchange health insurance policy" means a health
insurance policy offered for purchase through the health
insurance exchange of the Commonwealth operated by the exchange
authority.
(6) "Pharmacy benefits manager" means the term as defined
under section 103 of the act of November 21, 2016 (P.L.1318,
No.169), known as the "Pharmacy Audit Integrity and Transparency
Act."
(7) "Pharmacy retail price" means the price that an
individual without prescription drug coverage or not using any
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30 other prescription medication benefit or discount would pay at a
retail pharmacy, not including a pharmacist dispensing fee.
Section 2. This act shall take effect as follows:
(1) The following shall take effect immediately:
Section 9.6(e) and (f) of this act.
This section.
(2) The remainder of this act shall take effect in one
year.
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