HB 1390 Virginia House of Delegates · 2026 Regular Session

Health insurance; pharmacies, freedom of choice, delivery of prescription drugs, penalties.

Summary

Health insurance; pharmacies; freedom of choice; delivery of prescription drugs; penalties. Prohibits an insurer, health maintenance organization, corporation providing preferred provider subscription contracts, or pharmacy benefits manager from imposing upon any person receiving pharmaceutical benefits any policy or practice requiring or incentivizing certain provisions relating to the delivery of prescription drugs. A violation of the bill's provisions constitutes an unfair trade practice under existing law and is subject to injunctive, penalty, and enforcement provisions in existing law.

Issues: ✓ Healthcare

Bill status in committee 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House of Delegates Passage

Feb 2026

Senate Passage

Governor

Introduced Jan 21, 2026 Last action Feb 13, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Labor and Commerce Substitute · 4 edits

MODERATE

The bill was amended from its original introduction to a committee substitute version, which includes significant substantive policy changes alongside formatting updates. The most critical change is the addition of a new subsection (G) prohibiting insurers from penalizing or retaliating against pharmacies for exercising their rights under the bill. Additionally, the definition of eligible providers was expanded to include physician practices, hospital outpatient infusion centers, and other clinical settings, broadening the scope of who can dispense drugs under this freedom of choice mandate.

Scope change

The bill's scope was expanded to explicitly include physician practices, hospital outpatient infusion centers, and other clinical settings as eligible providers who can dispense prescription drugs, in addition to traditional pharmacies. This change ensures that patients can receive their medications at a wider variety of healthcare locations.

ENFORCEMENT

Added a new provision explicitly prohibiting insurers from penalizing, terminating, or retaliating against pharmacies or dispensing practitioners for exercising their rights under the bill.

DEFINITION

Expanded the definition of eligible providers to include physician practices, hospital outpatient infusion centers, and other clinical settings that dispense or administer drugs, medicines, or medicinal chemicals.

TECHNICAL

Updated the bill header to reflect that it is now an 'Amendment in the Nature of a Substitute' proposed by the House Committee on Labor and Commerce, dated February 3, 2026.

Replaced the original 'Introduced' status and date (January 21, 2026) with the new substitute status and date (February 3, 2026).

Floor votes · House of Delegates Feb 5, 2026

How they voted

22–0

Passed

Total votes 22

Feb 5, 2026

D Democratic15

15 Yea

100% Yea

R Republican7

7 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 13, 2026

Lower · Passed

Subcommittee recommends continuing to (Voice Vote)

lower

Feb 5, 2026

Committee

Assigned HAPP sub: Compensation and Retirement

lower

Feb 5, 2026

Lower · Passed

Reported from Labor and Commerce with substitute and referred to Appropriations (22-Y 0-N)

lower

Feb 5, 2026

House Of Delegates · Passed

House of Delegates Vote: pass (22-0)

house of delegates

Feb 3, 2026

Lower · Passed

House subcommittee offered

lower

Jan 27, 2026

Committee

Assigned HCL sub: Subcommittee #1

lower

Jan 21, 2026

Committee

Referred to Committee on Labor and Commerce

lower

Jan 21, 2026

Introduced

Presented and ordered printed 26104543D

lower

1 primary · 0 co-sponsors