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ATAP Applauds Florida House Subcommittee as Florida PBM Bill Clears First Hurdle

ATAP is pleased to report that a Florida bill aimed at regulating PBMs (HB 351) has passed out of the Florida House Health Innovation Subcommittee after Subcommittee Members unanimously voted in favor of the bill on January 17. 

The bill would require PBMs conducting business in Florida to register with the Office of Insurance Regulation and would impose additional requirements on MAC (maximum allowable cost) Lists, which are used to determine the amount that the PBM reimburses a pharmacy in its network for dispensing generic drugs. 

The bill also takes aim at gag clauses, going a step further than simply prohibiting PBMs from banning pharmacists from discussing lower cost options and instead actively requiring pharmacists to inform their customers of a lower cost alternative for their prescription and whether their cost-sharing obligation exceeds the retail price of their prescription if not using their insurance. 

Finally, in an attempt to address clawbacks, the bill would prohibit PBMs from imposing any cost-sharing requirement that would require a patient to pay at the point of sale an amount greater than the total submitted charges for the prescription drug or the retail price of the drug in the absence of drug coverage under the patient’s insurance plan.

ATAP applauds Representatives David Santiago (R-27), Mike La Rosa (R-42), Bobby Payne  (R-19), and Rene Plasenciathe (R-50) for their leadership in introducing HR 351, as well as the House Health Innovation Subcommittee for recognizing the importance of regulating PBMs in Florida and supporting the bill.  We will continue to actively support HB 351 as it continues to make its way through the legislature.  Please continue to check the ATAP websites for updates on the status of this bill and other PBM reform efforts throughout the country.

Barbara Arnago