2020 -- S 2323 | |
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LC004296 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS - PHARMACIES | |
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Introduced By: Senators Felag, Pearson, Miller, Gallo, and Ruggerio | |
Date Introduced: February 05, 2020 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby |
2 | amended by adding thereto the following section: |
3 | 5-19.1-36. Prescription drug price savings. |
4 | (a) Pharmacists when dispensing a prescription shall advise the individual presenting the |
5 | prescription of every substitute drug containing all the same active chemical ingredients of the |
6 | same strength, quantity, and dosage available at a lesser cost, unless ordered by the prescribing |
7 | physician to dispense as brand name necessary on the prescription form pursuant to ยง5-19.1-19. |
8 | The pharmacists' advice required by this section shall include, but not be limited to, informing the |
9 | individual presenting the prescription if a drug would cost less if the individual paid out-of- |
10 | pocket, rather than through the individual's health insurance. |
11 | (b) The provisions in subsection (a) of this section shall not apply if the pharmacist is |
12 | automatically charging the individual presenting the prescription with the lowest price active |
13 | chemical ingredients of the same strength, quantity, and dosage. |
14 | (c) A plan sponsor, health insurance issuer, or pharmacy benefit manager shall not: |
15 | (1) Prohibit a pharmacist from disclosing the information described in subsection (a) of |
16 | this section to an individual presenting a prescription; |
17 | (2) Penalize a pharmacy or a pharmacist for disclosing the information described in |
18 | subsection (a) of this section to an individual presenting a prescription or for selling a more |
19 | affordable alternative to an individual presenting a prescription; or |
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1 | (3) Require a pharmacy or a pharmacist to charge or collect a copayment from an |
2 | individual presenting a prescription that exceeds the total charges submitted by the network |
3 | pharmacy. |
4 | (d) Communication by and between a pharmacist and patient or the patient's authorized |
5 | representative shall be confidential health care communication and disclosed only pursuant to the |
6 | provisions of chapter 37.3 of title 5. |
7 | SECTION 2. This act shall take effect upon passage. |
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LC004296 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS - PHARMACIES | |
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1 | This act would require pharmacists to advise of less expensive generic drug alternatives |
2 | except when a physician orders to dispense as brand name necessary. This act also requires the |
3 | pharmacist to advise when a drug would cost less if paid for out-of-pocket without using |
4 | insurance. |
5 | This act would take effect upon passage. |
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LC004296 | |
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