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

     

     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:

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     SECTION 1. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby

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amended by adding thereto the following section:

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     5-19.1-36. Prescription drug price savings.

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     (a) Pharmacists when dispensing a prescription shall advise the individual presenting the

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prescription of every substitute drug containing all the same active chemical ingredients of the

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same strength, quantity, and dosage available at a lesser cost, unless ordered by the prescribing

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physician to dispense as brand name necessary on the prescription form pursuant to ยง5-19.1-19.

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The pharmacists' advice required by this section shall include, but not be limited to, informing the

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individual presenting the prescription if a drug would cost less if the individual paid out-of-

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pocket, rather than through the individual's health insurance.

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     (b) The provisions in subsection (a) of this section shall not apply if the pharmacist is

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automatically charging the individual presenting the prescription with the lowest price active

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chemical ingredients of the same strength, quantity, and dosage.

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     (c) A plan sponsor, health insurance issuer, or pharmacy benefit manager shall not:

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     (1) Prohibit a pharmacist from disclosing the information described in subsection (a) of

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this section to an individual presenting a prescription;

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     (2) Penalize a pharmacy or a pharmacist for disclosing the information described in

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subsection (a) of this section to an individual presenting a prescription or for selling a more

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affordable alternative to an individual presenting a prescription; or

 

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     (3) Require a pharmacy or a pharmacist to charge or collect a copayment from an

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individual presenting a prescription that exceeds the total charges submitted by the network

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pharmacy.

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     (d) Communication by and between a pharmacist and patient or the patient's authorized

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representative shall be confidential health care communication and disclosed only pursuant to the

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provisions of chapter 37.3 of title 5.

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      SECTION 2. This act shall take effect upon passage.

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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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     This act would require pharmacists to advise of less expensive generic drug alternatives

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except when a physician orders to dispense as brand name necessary. This act also requires the

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pharmacist to advise when a drug would cost less if paid for out-of-pocket without using

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insurance.

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     This act would take effect upon passage.

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LC004296

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