In Review: Last week, SB 14 (340B) was heard and passed out of the Senate Health Services Committee. PhRMA and BIO testified in opposition to the bill. Their testimony contained no references to PBMs. Two floor amendments have been filed that add reporting measures for non-profit hospitals, including information on aggregate acquisition costs, payments, 340B prescription volume, and more. The required information also includes contract pharmacies. Additionally, HB 413 (POS Rebates) was filed last Friday. The bill is nearly identical to Senator Stephen Meredith’s (R) SB 12. While House Health Chair Representative Kimberly Moser (R) is the primary sponsor, of note, Representative Matt Lockett (R), the Vice Chair of the House Banking and Insurance, is listed as a co-sponsor. PCMA will be requesting a meeting with him as soon as possible.

Finally, last Monday, PCMA and other stakeholders, including the Kentucky Pharmacist Association, participated in a meeting with Senator Max Wise to discuss the implementation of SB 188. Per the pharmacists, they are seeing a flood of complaints filed with the DOI. The complaints center on the application of SB 188 on ERISA plans relative to “steering” and other network provisions and the application of the NADAC+DF requirements. Some companies are paying ERISA claims at NADAC+DF, while others do not. Moreover, the DOI seemingly has not been enforcing any of the bill’s requirements on ERISA plans, adding to the confusion. Sen. Wise will be directing the DOI to issue guidance and, if necessary, ‘fix’ the issue via legislation, if he must.

If you have any questions, please contact Connor Rose at crose@pcmanet.org.