Pharmacy Benefit Managers; requiring PBM to remit certain fees. Effective date.
What changed between versions
PBMs must now verify that a drug is available from national or regional wholesalers at a price below their reimbursement rate before denying a below-cost appeal, and must provide proof of this availability.
The requirement to update Maximum Allowable Cost (MAC) pricing lists was clarified to include a process for providers to access the list specific to their pharmacy.
PBMs are prohibited from requiring pharmacies to collect additional monies from patients or plan sponsors following a successful below-cost reimbursement appeal.
A new provision requires PBMs to reimburse claims at no less than the wholesale acquisition cost for drugs listed on the FDA Drug Shortages Database.
The bill now explicitly states that PBMs must have at least two therapeutically equivalent, multiple-source drugs available on a MAC list before placing a drug on it.
New penalties were added for PBMs that fail to remit administrative fees after appeals: $500 after 90 days, $1,000 after 180 days, with specific triggers for when these fees become due.