South Dakota 2023 Regular Session

South Dakota House Bill HB1135

Introduced
1/25/23  
Refer
1/25/23  
Report Pass
2/8/23  
Engrossed
2/13/23  
Refer
2/14/23  
Report Pass
2/24/23  
Enrolled
2/27/23  

Caption

Provide for transparency in the pricing of prescription drugs.

Impact

The implementation of HB1135 is expected to significantly alter the landscape of prescription drug pricing by increasing competition and driving down costs. The requirement for transparency could lead to lower out-of-pocket costs for consumers as they become aware of cheaper alternatives. By allowing third-party payers to audit PBMs and ensuring fair reimbursement practices for pharmacies, the bill aims to protect small pharmacies from being underpaid in comparison to their larger counterparts affiliated with PBMs. Overall, it has the potential to reshape the state laws governing drug pricing, promoting more equitable treatment of pharmacies and consumers.

Summary

House Bill 1135, also known as the Act to provide for transparency in the pricing of prescription drugs, is aimed at enhancing the visibility and accountability of prescription drug costs within the state. The bill seeks to regulate pharmacy benefit managers (PBMs) by instituting measures that ensure they cannot engage in practices that obscure pricing and reimbursement processes. This includes requiring PBMs to disclose the pricing structure, update the maximum allowable cost lists efficiently, and prevent them from penalizing pharmacists for communicating pricing information to covered individuals. It essentially strives to create a more open system that benefits consumers by giving them more information about their drug costs and coverage options.

Sentiment

Sentiment around HB1135 has been largely positive with advocacy groups and pharmacy representatives expressing support for the bill. Proponents argue that transparency in drug pricing is crucial for consumers who often face confusion and unexpected costs associated with their medications. However, there could be apprehension from pharmaceutical companies and some PBMs who might view the increased scrutiny as a threat to their operations and profit margins. The discussions suggest a balance between providing necessary consumer protections while addressing the business interests of PBMs and pharmaceutical manufacturers, indicating a complex sentiment landscape.

Contention

Notable points of contention include concerns regarding how this bill would affect the existing business practices of PBMs. Some stakeholders fear that the transparency requirements could lead to unintended consequences, such as limiting patient access to medications due to increased operational costs for PBMs. Additionally, there are worries about the potential pushback from the pharmaceutical industry, which may resist changes that threaten their pricing power. The bill’s passage shows a commitment to consumer rights in healthcare but could lead to ongoing debates about fair business practices in the pharmaceutical supply chain.

Companion Bills

No companion bills found.

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