HB 1390 Virginia House of Delegates · 2027 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.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 21, 2026 Last action Jul 21, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Labor and Commerce Substitute · 3 edits
MINOR
The Labor and Commerce Committee substitute makes three major policy changes to Virginia's pharmacy freedom-of-choice law: it expands the definition of eligible dispensing sites to include hospital outpatient infusion centers and other clinical settings, removes the unfair trade practice enforcement mechanism and complaint resolution timeline that would have given the State Corporation Commission authority to police violations, and adds a new anti-retaliation provision protecting pharmacies and practitioners from being penalized for exercising their rights under the law.
Scope change
The bill's scope expanded to cover more types of clinical settings as eligible pharmacies (adding hospital outpatient infusion centers and other clinical settings), while simultaneously narrowing enforcement by removing the unfair trade practice designation and complaint resolution requirements that would have given the State Corporation Commission active oversight authority.
SCOPE

In all three sections, the definition of eligible dispensing locations was expanded from 'any physician practice that dispenses or administers drugs' to 'any physician practice, hospital outpatient infusion center, or other clinical setting that dispenses or administers drugs, medicines, or medicinal chemicals.' This broadens where patients can direct their prescription drug benefits.

ENFORCEMENT

The original version designated violations as unfair trade practices under Chapter 5 (38.2-500 et seq.), subject to injunctive and penalty provisions of Chapter 2 (38.2-200 et seq.), and required the Commission to establish a complaint procedure by October 1, 2026 with resolution within six months. The substitute removes all of this enforcement machinery and replaces it with a simple statement that the Commission has no jurisdiction over controversies arising from the section.

A new subsection was added to each of the three sections prohibiting insurers, corporations, HMOs, or their pharmacy benefits managers from penalizing, terminating, or otherwise retaliating against a pharmacy or dispensing practitioner for exercising rights or providing services consistent with the section.

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
12
Key actions
0
Committee
6
Feb 13, 2026
House of Delegates · Reported by committee
Subcommittee recommends continuing to (Voice Vote)
Feb 5, 2026
House of Delegates · Referred to committee
Assigned HAPP sub: Compensation and Retirement
Feb 5, 2026
House of Delegates · Reported by committee
Reported from Labor and Commerce with substitute and referred to Appropriations (22-Y 0-N)
Feb 3, 2026
House of Delegates · Reported by committee
House subcommittee offered
Jan 27, 2026
House of Delegates · Referred to committee
Assigned HCL sub: Subcommittee #1
Jan 21, 2026
House of Delegates · Referred to committee
Referred to Committee on Labor and Commerce
Jan 21, 2026
House of Delegates · Introduced
Presented and ordered printed 26104543D
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jeion Ward
Jeion Ward
DDemocratic
VA
87