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With Support from ATAP, States Continue to Make Headway in Enacting PBM Legislation

ATAP is pleased to report that five states have now passed legislation this year aimed at regulating PBMs in yet another sign that our coalition’s core message and extensive advocacy outreach is continuing to resonate not only with state lawmakers, but also with the general public.     

In addition to the Virginia bill (HB 1177), signed into law by Gov. Ralph Northam on March 9, and the Florida bill (HB 351), signed into law by Gov. Rick Scott on March 23, West Virginia and Mississippi also recently enacted similar provisions. In Mississippi, the Governor approved legislation earlier this month that permits pharmacists to provide additional information to customers that allows them to consider affordable alternative payment options when purchasing their prescriptions. 

West Virginia’s newly enacted law also allows pharmacists to share with customers information related to lower cost alternatives and patient cost sharing amounts to assist them in making informed decisions. The measure additionally prohibits PBMs from charging patients an amount at the point of sale that is greater than the total submitted charges by a network pharmacy, and places restrictions on PBMs when charging pharmacies for certain adjudicated claim fees. 

The New York legislature also passed a nearly identical bill earlier this month that is now awaiting the Governor’s signature, and ATAP strongly urges Gov. Andrew Cuomo to sign this crucial legislation into law as soon as possible. We encourage everyone in New York to contact the Governor’s office by phone (518-474-8390) or by email (using the email submission form provided here), and urge him to put patients first and approve A8781. 

ATAP applauds the efforts of the numerous state lawmakers leading the charge on these crucial bills, and wishes to thank the legislatures in Virginia, Florida, West Virginia, Mississippi, and New York for supporting PBM reform and taking important steps towards creating a more transparent, patient-centered drug delivery system in the United States. 

ATAP will continue to actively support PBM-related legislation in states across the nation. Please continue to check the ATAP website for updates on the status of PBM reform efforts throughout the country. If you have additional questions or would like more information on state legislation or ATAP efforts in general, please do not hesitate to contact ATAP staff.