North Carolina 2017-2018 Session Status: Enacted 2 R cosponsors

SB 384 — Criminal Law Changes.

Last action — Signed by Gov. 7/21/2017

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 23, 2017. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

44 added · 29 removed

Plain-language change summary

The latest version of Senate Bill 384 has added a title indicating it is from the General Assembly of North Carolina Session 2017. It also includes a reference to the bill's assignment to the Rules and Operations of the Senate. This change is significant because it helps clarify the legislative context of the bill and where it currently stands in the legislative process, making it easier for the public and lawmakers to track its progress.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 2 SENATE BILL 384* Health Care Committee Substitute Adopted 4/20/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 384* Short Title:
Senators Britt, Rabon, and Meredith (Primary Sponsors).
March 27, 2017 A BILL TO BE ENTITLED AN ACT RELATING TO THE REGULATION OF PHARMACY BENEFIT MANAGERS.
Rules and Operations of the Senate March 27, 2017 A BILL TO BE ENTITLED AN ACT RELATING TO THE REGULATION OF PHARMACY BENEFIT MANAGERS.
Article 56A of Chapter 58 of the General Statutes is amended by adding two new sections to read:
Article 56A of Chapter 58 of the General Statutes is amended by adding three new sections to read:
"§ 58-56A-2.
Pharmacy of choice.
A pharmacy benefits manager shall comply with the pharmacy of choice requirements under G.S.
58-51-37.
(a) A pharmacy or pharmacist shall have the right to provide an insured information regarding the amount of the insured's cost share for a prescription drug.
(a) A pharmacy benefits manager shall not prohibit a pharmacist or pharmacy from providing an insured information regarding the amount of the insured's cost share for a prescription drug and the clinical efficacy of a lower-priced alternative drug, if one is available.
(b) A pharmacy benefits manager shall not, through contract, prohibit a pharmacy from offering and providing direct and limited delivery services to an insured as an ancillary service of the pharmacy, as delineated in the contract between the pharmacy benefits manager and the pharmacy.
(b) A pharmacy benefits manager shall not prohibit a pharmacist or pharmacy from offering and providing store direct delivery services to an insured as an ancillary service of the pharmacy.
(c) A pharmacy benefits manager shall not charge, or attempt to collect from, an insured a co-payment that exceeds the total submitted charges by the network pharmacy.
*S384-v-1* General Assembly Of North Carolina Session 2017 (c) A pharmacy benefits manager shall not charge, or attempt to collect from, an insured a co-payment that exceeds the total submitted charges by the network pharmacy for which the pharmacy is paid.
(d) A pharmacy benefits manager's failure to comply with this section shall be considered an unfair and deceptive trade practice and shall be actionable under Chapter 75 of the General Statutes.
Nothing in this subsection shall foreclose other remedies available under law or equity.
*S384-v-2* General Assembly Of North Carolina Session 2017 A pharmacy benefits manager may only charge a fee or otherwise hold a pharmacy responsible for a fee relating to the adjudication of a claim if the fee is reported on the remittance advice of the adjudicated claim or is set out in contract between the pharmacy benefits manager and the pharmacy.
(a) A pharmacy benefits manager may not charge a fee, or otherwise hold a pharmacist or pharmacy responsible, for costs relating to the adjudication of a claim.
This section shall not apply with respect to claims under an employee benefit plan under the Employee Retirement Income Security Act of 1974 or Medicare Part D." SECTION 3.
(b) A pharmacy benefits manager may not recoup funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with the requirements under Article 4C of this Chapter, unless the recoupment is otherwise permitted or required by law.
No pharmacist or pharmacy shall be penalized or retaliated against for exercising any rights under this Chapter.
(c) This section shall not apply to any licensed group health maintenance organization with an exclusive medical group contract that operates its own pharmacies.
(d) A pharmacy benefits manager's failure to comply with this section shall be considered an unfair and deceptive trade practice and shall be actionable under Chapter 75 of the General Statutes.
Nothing in this subsection shall foreclose other remedies available under law or equity." SECTION 3.
Page 2 Senate Bill 384*-Second Edition
Page 2 Senate Bill 384*-First Edition
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Action History

  1. Signed by Gov. 7/21/2017

  2. Ch. SL 2017-176

  3. Conf Com Appointed

  4. Conf Com Reported

  5. Placed on Today's Calendar

  6. Conf Report Adopted

  7. Conf Com Reported

  8. Added to Calendar

  9. Conf Report Adopted

  10. Ordered Enrolled

  11. Ratified

  12. Pres. To Gov. 6/30/2017

  13. Amend Adopted A7

  14. Amend Adopted A8

  15. Passed 3rd Reading

  16. Ordered Engrossed

  17. Special Message Sent To Senate

  18. Special Message Received For Concurrence in H Com Sub

  19. Placed on Today's Calendar

  20. Failed Concur In H Com Sub

  21. Conf Com Appointed

  22. Amend Adopted A1

  23. Amend Adopted A2

  24. Amend Failed A3

  25. Amend Adopted A4

  26. Passed 2nd Reading

  27. Reconsidered 2nd Reading

  28. Amend Adopted A5

  29. Amend Adopted A6

  30. Passed 2nd Reading

  31. Reptd Fav Com Substitute

  32. Cal Pursuant Rule 36(b)

  33. Placed On Cal For 06/28/2017

  34. Regular Message Sent To House

  35. Regular Message Received From Senate

  36. Passed 1st Reading

  37. Ref To Com On Rules, Calendar, and Operations of the House

  38. Reptd Fav

  39. Placed on Today's Supplemental Calendar

  40. Passed 2nd Reading

  41. Passed 3rd Reading

  42. Reptd Fav Com Substitute

  43. Com Substitute Adopted

  44. Re-ref Com On Rules and Operations of the Senate

  45. Reptd Fav Com Substitute

  46. Com Substitute Adopted

  47. Re-ref Com On Judiciary

  48. Withdrawn From Com

  49. Re-ref to Health Care. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  50. Passed 1st Reading

  51. Ref To Com On Rules and Operations of the Senate

  52. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 1 co-sponsors · 176 not signed on · 6 voted No

Sponsors (2)

Co-sponsors (1)

  • Meredith

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

For Adoption Conference Report

Passed 41 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 5002
Republican 8002
Unaffiliated 28005
Total 41009
% of votes cast 82%0%0%18%
How each member voted (50)
Member Party Vote
McKissick — Yea
Pate — Yea
Randleman — Yea
Woodard — Yea
Ballard — Yea
Barefoot — Yea
Brock — Yea
Foushee — Yea
D.Davis — Yea
Smith — Yea
VanDuyn — Yea
Brown — Yea
Barringer — Yea
Bishop — Yea
Bryant — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
J.Jackson — Not Voting
J.Davis — Not Voting
Curtis — Yea
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Meredith — Not Voting
Rabin — Yea
Tarte — Not Voting
Tillman — Not Voting
Wade — Yea
Wells — Yea
Krawiec — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Not Voting
Jay J. Chaudhuri Democratic Not Voting
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Not Voting
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Not Voting
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

C RPT Adoption

Passed 85 Yea · 22 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 5016010
Democratic 8502
Republican 27001
U 0100
Total 8522013
% of votes cast 71%18%0%11%
How each member voted (120)
Member Party Vote
Lewis — Yea
McGrady — Yea
Michaux — Not Voting
Millis — Yea
Presnell — Yea
Steinburg — Not Voting
Szoka — Yea
Williams — Yea
Autry — Nay
Beasley — Yea
Bradford — Not Voting
Boswell — Yea
Conrad — Yea
Elmore — Not Voting
Faircloth — Yea
Farmer-Butterfield — Not Voting
Fisher — Nay
Floyd — Nay
Fraley — Yea
Garrison — Yea
Gill — Nay
G.Graham — Yea
G.Martin — Yea
R.Moore — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
BrendenJones — Yea
DestinHall — Yea
Black — Yea
Boles — Yea
Bumgardner — Yea
Dulin — Yea
Earle — Yea
Goodman — Yea
Hanes — Yea
Holley — Yea
Wray — Yea
K.Hall — Yea
Malone — Yea
S.Martin — Yea
T.Moore(Speaker) — Yea
Stone — Yea
R.Turner — Yea
L.Bell — Nay
DuaneHall — Nay
Jackson — Nay
B.Richardson — Nay
Johnson — Nay
G.Adcock — Not Voting
C.Graham — Not Voting
Collins — Nay
Dobson — Nay
Dollar — Nay
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Nay
Hunter — Nay
Hurley — Yea
Insko — Nay
Jordan — Yea
Lucas — Not Voting
McElraft — Yea
McNeill — Yea
Murphy — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Terry — Nay
Yarborough — Yea
Zachary — Yea
Burr — Not Voting
Cleveland — Not Voting
Amos L. Quick, III Democratic Nay
Becky Carney Democratic Not Voting
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Nay
Graig Meyer Democratic Nay
Joe John Democratic Yea
Marcia Morey Democratic Nay
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Nay
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Nay

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 384?
SB 384 is sponsored by Bill Rabon (Republican), Meredith, and Danny Earl Britt, Jr. (Republican).
What is the current status of SB 384?
This bill has been enacted into law. Introduced March 23, 2017. Enacted.
Where can I track SB 384?
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