PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2107
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article 10.1, to read:
ARTICLE 10.1. PHARMACY BENEFIT MANAGERS
44-1751. Definitions
In this article, unless the context otherwise requires:
1. "Cost share" means an enrollee's applicable coinsurance, copayment and deductible requirement under a health plan based on the adjudicated claim.
2. "Pharmacy benefits manager" has the same meaning prescribed in section 20‑3321.
44-1752. Pharmacy benefits managers; prohibitions; enforcement; applicability
A. A pharmacy benefits manager may not do any of the following:
1. Prohibit a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for the insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. A pharmacy benefits manager may not penalize a pharmacy or pharmacist for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available.
2. Charge or collect from an insured a copayment that exceeds the total submitted charges by the network pharmacy.
3. Prohibit a pharmacy from dispensing a ninety‑day fill of a nonspecialty, maintenance prescription medication pursuant to Arizona state board of pharmacy rules if a ninety‑day fill is allowed by the health plan and the patient's pharmacy benefit design. This paragraph does not apply to dispensing schedule II, III or IV controlled substances.
B. To the extent that any provision of this section is inconsistent or conflicts with an applicable federal law, rule or regulation, the applicable federal law, rule or regulation applies.
C. Failure to comply with this article is an unlawful practice pursuant to section 44‑1522. The attorney general may investigate and take appropriate action as prescribed in chapter 10, article 7 of this title.
D. This section applies to all contracts between a pharmacy benefits manager and a pharmacy or a pharmacy's contracting representative or agent that are entered into or renewed on or after the effective date of this section.
Sec. 2. Short title
This act may be cited as the "Prescription Drug Pricing Patient Protection Act"."
Amend title to conform