Kansas 2025-2026 Regular Session Status: Passed Senate

SB 360 — Enacting the Kansas consumer prescription protection and accountability act and providing for regulation and registration of pharmacy benefits managers.

Last action — Died in House Committee

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

This bill has passed the Senate. Introduced January 22, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Stalled 26% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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

939 added · 929 removed

939 line(s) added, 929 removed.

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As Amended by Senate Committee Session of 2026 SENATE BILL No.
{As Amended by Senate Committee of the Whole} As Amended by Senate Committee Session of 2026 SENATE BILLNo.
(i) Be delivered to the pharmacy or the pharmacy's corporate parent within 60 calendar days after completion of the on-site portion of the pharmacy audit;
(i) Be delivered to the pharmacy or the pharmacy's corporate parent SB 360—Am.
SB 360—Am.
by SCW 2 within 60 calendar days after completion of the on-site portion of the pharmacy audit;
by SC 2 (ii) include contact information for the auditing entity that conducted the pharmacy audit and an appropriate and accessible contact person, including such person's telephone number, facsimile number, email address and the auditing entity name and address so that audit results, procedures and any discrepancies can be reviewed;
(ii) include contact information for the auditing entity that conducted the pharmacy audit and an appropriate and accessible contact person, including such person's telephone number, facsimile number, email address and the auditing entity name and address so that audit results, procedures and any discrepancies can be reviewed;
The auditing entity shall provide a copy of the report to the commissioner upon request.
The auditing entity shall provide a copy of the report to the commissioner upon request.{ No report provided to the commissioner shall contain the protected health information of any individual.} Reports provided to the commissioner shall be confidential by law, shall not be subject to subpoena and may not be made public by the commissioner or any other person, except to the extent otherwise specifically provided in the Kansas open records act, K.S.A.
Reports provided to the commissioner shall be confidential by law, shall not be subject to subpoena and may not be made public by the commissioner or any other person, except to the extent otherwise specifically provided in the Kansas open records act, K.S.A.
45-215 et seq., and amendments thereto.
45- 215 et seq., and amendments thereto.
(2) during the first five days of any month, initiate or schedule a pharmacy audit for any pharmacy averaging more than 600 prescriptions filled per week without the express consent of the pharmacy;
(2) during the first five days of any month, initiate or schedule a pharmacy audit for any pharmacy averaging more than 600 prescriptions SB 360—Am.
by SCW 3 filled per week without the express consent of the pharmacy;
(4) include dispensing fees in the calculation of overpayments unless SB 360—Am.
(4) include dispensing fees in the calculation of overpayments unless a prescription is considered a misfill;
by SC 3 a prescription is considered a misfill;
(f) A pharmacy that is the subject of a pharmacy audit may not be subject to a charge back or recoupment for a clerical or recordkeeping error in a required document or record, including a typographical or computer error, unless the error resulted in overpayment to the pharmacy.
by SC 4 Such pharmacy may appeal a final audit report in accordance with procedures established by the entity conducting the pharmacy audit.
by SCW 4 (f) A pharmacy that is the subject of a pharmacy audit may not be subject to a charge back or recoupment for a clerical or recordkeeping error in a required document or record, including a typographical or computer error, unless the error resulted in overpayment to the pharmacy.
Such pharmacy may appeal a final audit report in accordance with procedures established by the entity conducting the pharmacy audit.
(e) Each auditing entity registration shall expire on March 31 of each year and may be renewed annually at the request of the pharmacy auditing entity on or before March 31 of each year.
SB 360—Am.
The application for renewal shall be submitted by the auditing entity on a form prescribed by the SB 360—Am.
by SCW 5 (e) Each auditing entity registration shall expire on March 31 of each year and may be renewed annually at the request of the pharmacy auditing entity on or before March 31 of each year.
by SC 5 commissioner and accompanied by a renewal fee in an amount of not to exceed $250.
The application for renewal shall be submitted by the auditing entity on a form prescribed by the commissioner and accompanied by a renewal fee in an amount of not to exceed $250.
and (3) (A) quarterly, report to the commissioner on all drugs appearing on the national average drug acquisition cost list that are reimbursed at 10% and below the national average drug acquisition cost and all drugs that are reimbursed at 10% and above the national average drug acquisition cost.
and (3) (A) quarterly, report to the commissioner on all drugs appearing SB 360—Am.
SB 360—Am.
by SCW 6 on the national average drug acquisition cost list that are reimbursed at 10% and below the national average drug acquisition cost and all drugs that are reimbursed at 10% and above the national average drug acquisition cost.
by SC 6 (B) For each drug in the report, the pharmacy benefits manager shall include:
(B) For each drug in the report, the pharmacy benefits manager shall include:
40-2215 and 40-3209, and amendments thereto.
40-2215 and 40-3209, and amendments thereto{Use of annual reporting provided pursuant to this subsection by health benefit plans and covered entities shall be limited to verification of data pursuant to this subsection for compliance purposes}.
(c) The reports required by this section shall be filed electronically on a form and in a manner prescribed by the commissioner.
(c) {No report provided to the commissioner shall include the protected health information of any individual.
(d) With the exception of the report described in subsection (a)(3), all data and information provided by the pharmacy benefits manager, health plan or covered entity, pursuant to the reporting requirements established by this section, shall:
(d) }The reports required by this section shall be filed electronically on a form and in a manner prescribed by the commissioner.
(1) Be considered proprietary and confidential;
(d){(e)} With the exception of the report described in subsection (a) (3), all data and information provided by the pharmacy benefits manager, health plan or covered entity, pursuant to the reporting requirements established by this section, shall:
SB 360—Am.
by SCW 7 (1) Be considered proprietary and confidential;
(e) This section shall be a part of and supplemental to the Kansas consumer prescription protection and accountability act.
(e){(f)} This section shall be a part of and supplemental to the Kansas consumer prescription protection and accountability act.
(b) Every examination conducted under this section shall follow the SB 360—Am.
(b) Every examination conducted under this section shall follow the examination procedures and requirements provided in K.S.A.
by SC 7 examination procedures and requirements provided in K.S.A.
(d) The information and data obtained by the commissioner from a pharmacy benefits manager under this section shall be considered confidential by law and exempt from disclosure in accordance with K.S.A.
(d) {(1) No protected health information shall be provided to the commissioner pursuant to this section.
(2) }The information and data obtained by the commissioner from a pharmacy benefits manager under this section shall be considered confidential by law and exempt from disclosure in accordance with K.S.A.
§ 1395w-3a(c)(6)(B) plus a professional dispensing that is the greater of $10.50 or the dispensing fee calculated pursuant to K.A.R.
§ 1395w-3a(c)(6)(B) plus a professional SB 360—Am.
by SCW 8 dispensing that is the greater of $10.50 or the dispensing fee calculated pursuant to K.A.R.
The provisions of this section shall not be construed to prohibit pharmacy SB 360—Am.
The provisions of this section shall not be construed to prohibit pharmacy benefits managers from processing deductibles or copayments approved by a covered person's health benefit plan.
by SC 8 benefits managers from processing deductibles or copayments approved by a covered person's health benefit plan.
Nothing in this act shall be deemed to require or preclude an insurer from decreasing a covered person's individual's defined cost sharing by an amount greater than what is previously stated the application of rebates.
Nothing in this act shall be deemed to require or preclude an insurer from decreasing a covered person's individual's defined cost sharing by an amount greater than what is SB 360—Am.
by SCW 9 previously stated the application of rebates.
6. (a) If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect SB 360—Am.
6. (a) If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
by SC 9 other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
(j) a voluntary noncontractual mutual aid arrangement whereby the needs of participants are announced and accommodated through subscriptions to a monthly publication;
(j) a voluntary noncontractual mutual aid arrangement whereby the needs of participants are announced and accommodated through SB 360—Am.
Show all 98 changed rows (58 more)
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by SCW 10 subscriptions to a monthly publication;
(a) Whenever the commissioner of insurance deems it necessary but at least once every five years, the commissioner may make, or direct to be SB 360—Am.
(a) Whenever the commissioner of insurance deems it necessary but at least once every five years, the commissioner may make, or direct to be made, a financial examination of any insurance company in the process of organization, or applying for admission or doing business in this state.
by SC 10 made, a financial examination of any insurance company in the process of organization, or applying for admission or doing business in this state.
(d)(e) The commissioner may also examine or investigate any person, or the business of any person, in so far as such examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the insurance company or pharmacy benefits manager, but such examination or investigation shall not infringe upon or extend to any communications or information accorded privileged or confidential status under any other laws of this state.
(d)(e) The commissioner may also examine or investigate any person, or the business of any person, in so far as such examination or SB 360—Am.
by SCW 11 investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the insurance company or pharmacy benefits manager, but such examination or investigation shall not infringe upon or extend to any communications or information accorded privileged or confidential status under any other laws of this state.
SB 360—Am.
(1) At the time of the examination, the insurance department conducting the examination was at the time of the examination accredited under the national association of insurance commissioners' financial regulation standards and accreditation program;
by SC 11 (1) At the time of the examination, the insurance department conducting the examination was at the time of the examination accredited under the national association of insurance commissioners' financial regulation standards and accreditation program;
(h)(i) When making an examination under this act, the commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants or other professionals and specialists as examiners, the reasonable cost of which shall be borne by the insurance company which or pharmacy benefits manager that is the subject of the examination.
(h)(i) When making an examination under this act, the commissioner SB 360—Am.
by SCW 12 may retain attorneys, appraisers, independent actuaries, independent certified public accountants or other professionals and specialists as examiners, the reasonable cost of which shall be borne by the insurance company which or pharmacy benefits manager that is the subject of the examination.
or (j) Nothing contained in this act shall be construed to limit the commissioner's authority SB 360—Am.
or (j) Nothing contained in this act shall be construed to limit the commissioner's authority (2) to use and, if appropriate, to make public any final or preliminary examination report in the furtherance of any legal or regulatory action which the commissioner may, in the commissioner's sole discretion, deem appropriate.
by SC 12 (2) to use and, if appropriate, to make public any final or preliminary examination report in the furtherance of any legal or regulatory action which the commissioner may, in the commissioner's sole discretion, deem appropriate.
(3) All orders entered as a result of revelations contained in the examination report shall be accompanied by findings and conclusions resulting from the commissioner's consideration and review of the examination report, relevant examiner workpapers and any written submissions or rebuttals.
(3) All orders entered as a result of revelations contained in the SB 360—Am.
by SCW 13 examination report shall be accompanied by findings and conclusions resulting from the commissioner's consideration and review of the examination report, relevant examiner workpapers and any written submissions or rebuttals.
Thereafter, the commissioner may open the report for public SB 360—Am.
Thereafter, the commissioner may open the report for public inspection so long as no court of competent jurisdiction has stayed its publication.
by SC 13 inspection so long as no court of competent jurisdiction has stayed its publication.
(8) Whenever it appears to the commissioner of insurance from such examination or other satisfactory evidence that the solvency of any such insurance company is impaired, or that it is doing business in violation of any of the laws of this state, or that its affairs are in an unsound condition so as to endanger its policyholders, the commissioner of insurance shall give the company a notice and an opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
(8) Whenever it appears to the commissioner of insurance from such SB 360—Am.
by SCW 14 examination or other satisfactory evidence that the solvency of any such insurance company is impaired, or that it is doing business in violation of any of the laws of this state, or that its affairs are in an unsound condition so as to endanger its policyholders, the commissioner of insurance shall give the company a notice and an opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
The commissioner may, if there is an unreasonable delay in restoring the solvency of such company and in complying with the law, revoke the SB 360—Am.
The commissioner may, if there is an unreasonable delay in restoring the solvency of such company and in complying with the law, revoke the certificate of authority of such company to do business in this state.
by SC 14 certificate of authority of such company to do business in this state.
40-3822.
40-3822.As used in this act:
As used in this act:
(1) Has an investment or ownership interest in a pharmacy benefits manager licensed under this chapter;
SB 360—Am.
by SCW 15 (1) Has an investment or ownership interest in a pharmacy benefits manager licensed under this chapter;
SB 360—Am.
(c)(e) (1) "Covered entity" means:
by SC 15 (c)(e) (1) "Covered entity" means:
(g)(j) "Health benefit plan" means the same as defined in K.S.A.
SB 360—Am.
by SCW 16 (g)(j) "Health benefit plan" means the same as defined in K.S.A.
SB 360—Am.
(3) that had a request by the pharmacy to authorize the filling of such prescription that was denied by the prescriber;
by SC 16 (3) that had a request by the pharmacy to authorize the filling of such prescription that was denied by the prescriber;
(o) "Person" means an individual,partnership, corporation, organization or other business entity.
(o) "Person" means an individual, partnership,corporation, organization or other business entity.
or (B) the administration or management of prescription drug benefits provided by a covered insurance entity for the benefit of covered individuals.
or (B) the administration or management of prescription drug benefits SB 360—Am.
by SCW 17 provided by a covered insurance entity for the benefit of covered individuals.
(l) "Person" means an individual, partnership,corporation, organization or other business entity(s) "Pharmacy record" means any record stored electronically or as a hard copy by a pharmacy relating to SB 360—Am.
(l) "Person" means an individual, partnership,corporation, organization or other business entity(s) "Pharmacy record" means any record stored electronically or as a hard copy by a pharmacy relating to the provision of prescription or nonproprietary drugs, pharmacy services or other component of pharmacist care that is included in the practice of pharmacy as defined in K.S.A.
by SC 17 the provision of prescription or nonproprietary drugs, pharmacy services or other component of pharmacist care that is included in the practice of pharmacy as defined in K.S.A.
(2) the name, address, official position and professional qualifications of each individual who is responsible for the conduct of the affairs of the pharmacy benefits manager, including all members of the board of directors, board of trustees, executive committee, other governing board or committee, the principal officers in the case of a corporation, the partners or members in the case of a partnership or association;
(2) the name, address, official position and professional qualifications of each individual who is responsible for the conduct of the affairs of the pharmacy benefits manager, including all members of the board of directors, board of trustees, executive committee, other governing board or committee, the principal officers in the case of a corporation, the partners SB 360—Am.
by SCW 18 or members in the case of a partnership or association;
or SB 360—Am.
or (B) the pharmacy benefits manager and the pharmacy or a pharmacy's contracting agent;
by SC 18 (B) the pharmacy benefits manager and the pharmacy or a pharmacy's contracting agent;
(2) The provisions of paragraph (1) shall only apply to the disclosure of the confidential documents described in paragraph (1) by the department or any other governmental entity and shall not be construed to create any privilege in favor of any other party.
(2) The provisions of paragraph (1) shall only apply to the disclosure SB 360—Am.
by SCW 19 of the confidential documents described in paragraph (1) by the department or any other governmental entity and shall not be construed to create any privilege in favor of any other party.
The application for renewal shall be submitted on a form furnished by the commissioner and accompanied by a renewal fee of not to SB 360—Am.
The application for renewal shall be submitted on a form furnished by the commissioner and accompanied by a renewal fee of not to exceed $2,500.
by SC 19 exceed $2,500.
(d)(e) Not later than December 1 of each year, the commissioner shall set and cause to be published in the Kansas register the fees required pursuant to this section for the next calendar year.
(d)(e) Not later than December 1 of each year, the commissioner shall SB 360—Am.
by SCW 20 set and cause to be published in the Kansas register the fees required pursuant to this section for the next calendar year.
and (3)(c) such other rules and regulations as the commissioner may deem SB 360—Am.
and (3)(c) such other rules and regulations as the commissioner may deem necessary to carry out the provisions of this act.
by SC 20 necessary to carry out the provisions of this act.
(c) As used in this section, "costs" includes witness fees, mileage allowances, any costs associated with reproduction of documents that become a part of the hearing record and expenses of making a record of the hearing.
(c) As used in this section, "costs" includes witness fees, mileage allowances, any costs associated with reproduction of documents that become a part of the hearing record and expenses of making a record of SB 360—Am.
by SCW 21 the hearing.
(e) In addition to any other penalty provided by this act, any person who acts as a pharmacy benefits manager without being licensed as SB 360—Am.
(e) In addition to any other penalty provided by this act, any person who acts as a pharmacy benefits manager without being licensed as required by this act shall be subject to a fine of $5,000 not to exceed $100,000 for the period in which the pharmacy benefits manager is found to be in violation.
by SC 21 required by this act shall be subject to a fine of $5,000 not to exceed $100,000 for the period in which the pharmacy benefits manager is found to be in violation.
(4) licensee has failed to furnish any information legally requested by the commissioner to the commissioner or the commissioner's investigators or representatives, including information requested during an examination pursuant to section 4, and amendments thereto;
(4) licensee has failed to furnish any information legally requested by SB 360—Am.
by SCW 22 the commissioner to the commissioner or the commissioner's investigators or representatives, including information requested during an examination pursuant to section 4, and amendments thereto;
SB 360—Am.
or (7) pharmacy benefits manager has failed to timely submit the reporting required by section 3, and amendments thereto.
by SC 22 or (7) pharmacy benefits manager has failed to timely submit the reporting required by section 3, and amendments thereto.
(2) The provisions of this section shall not apply to any policy or certificate that provides coverage for any specified disease, specified accident or accident only coverage, credit, dental, disability income, hospital indemnity, long-term care insurance as defined by K.S.A.
(2) The provisions of this section shall not apply to any policy or certificate that provides coverage for any specified disease, specified accident or accident only coverage, credit, dental, disability income, SB 360—Am.
by SCW 23 hospital indemnity, long-term care insurance as defined by K.S.A.
40- 202, 40-3821, 40-3822, 40-3823, 40-3824, 40-3825, 40-3826, 40-3827, SB 360—Am.
40- 202, 40-3821, 40-3822, 40-3823, 40-3824, 40-3825, 40-3826, 40-3827, 40-3828a, 40-3829 and 40-3830 are hereby repealed.
by SC 23 40-3828a, 40-3829 and 40-3830 are hereby repealed.
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Action History

  1. Died in House Committee

  2. Withdrawn from House Committee on Health and Human Services; Rereferred to House Committee on Health and Human Services

  3. Withdrawn from House Committee on Insurance; Rereferred to House Committee on Insurance

  4. Withdrawn from House Committee on Health and Human Services; Referred to House Committee on Health and Human Services

  5. Withdrawn from House Committee on Insurance; Rereferred to House Committee on Insurance

  6. Withdrawn from House Committee on Health and Human Services; Referred to House Committee on Health and Human Services

  7. Received and Introduced

  8. Referred to House Committee on Insurance

  9. Committee of the Whole - Committee Report be adopted

  10. Committee of the Whole - Motion to Amend - Offered by Sen. Brenda Dietrich

  11. Committee of the Whole - Amendment by Sen. Brenda Dietrich was adopted

  12. Committee of the Whole - Motion to Amend - Offered by Sen. Kellie Warren

  13. Committee of the Whole - Amendment by Sen. Kellie Warren was adopted

  14. Committee of the Whole - Motion to Amend - Offered by Sen. Jeff Klemp

  15. Committee of the Whole - Amendment by Sen. Jeff Klemp was withdrawn

  16. Committee of the Whole - Motion to Amend - Offered by Sen. Beverly Gossage

  17. Committee of the Whole - Amendment by Sen. Beverly Gossage was rejected

  18. Committee of the Whole - Motion to Amend - Offered by Sen. Beverly Gossage

  19. Committee of the Whole - Amendment by Sen. Beverly Gossage was rejected

  20. Committee of the Whole - Be passed as further amended

  21. Emergency Final Action - Passed as amended; Yea 32, Nay 8

  22. Committee Report recommending bill be passed as amended by Senate Committee on Financial Institutions and Insurance

  23. Referred to Senate Committee on Financial Institutions and Insurance

  24. Introduced

Sponsors

  • Committee on Financial Institutions and Insurance · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 164 not signed on

Sponsors (1)

  • Committee on Financial Institutions and Insurance

Co-sponsors (0)

None.

Not signed on (164)

164 members have not signed on to this bill.

Show all 164 →

"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

Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors SB 360?
SB 360 is sponsored by Committee on Financial Institutions and Insurance.
What is the current status of SB 360?
This bill has passed the Senate. Introduced January 22, 2026. It now moves to the second chamber.
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