New Hampshire 2026 Session Status: Introduced Bipartisan · 4 R · 1 D cosponsors

SB247 — prohibiting network exclusion for pharmacies that refuse to dispense a prescription of the PBM reimbursement that is below the pharmacy's acquisition cost.

Last action — INTERIM STUDY

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

This bill has been introduced in the Senate. Introduced January 23, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 32% · moderate confidence
  • Introduced

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 1 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

prohibiting network exclusion for pharmacies that refuse to dispense a prescription of the PBM reimbursement that is below the pharmacy's acquisition cost.

Bill Text

How this bill changes current law

1 change Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill allows pharmacies to opt out of dispensing prescriptions if the reimbursement from a pharmacy benefits manager is less than their acquisition cost.

  • RSA 402-N

    402-N:4-b Pharmacy Opt-out When Reimbursement is Below Acquisition Cost. I. A pharmacist or pharmacy in a network plan with a health carrier or pharmacy benefits manager may decline to provide a brand-name drug, multi-source generic drug, supply, or service if the reimbursement amount is less than the acquisition cost paid by the pharmacy or pharmacist. II. If a pharmacist or pharmacy declines to provide the prescription or service under the conditions in paragraph I, the pharmacy or pharmacist shall advise the patient to contact their insurance carrier or pharmacy benefits manager using the contact information on the prescription drug card for information as to where the prescription for the drug, supply, or service may be filled. III. A pharmacy services administrative organization contract with a pharmacy shall include a provision that requires the pharmacy services administrative organization to provide to the contracted pharmacy a copy of any contract with a pharmacy benefit manager, and amendments, payment schedules, or reimbursement rates, within 3 calendar days after the execution of a contract, or an amendment to a contract, signed on behalf of the independent pharmacy. IV. Contracts between a pharmacy services administrative organization and pharmacy shall not require that the pharmacy purchase any drugs and/or medical devices from a specific entity. If a pharmacy believes that its contract with a pharmacy services administrative organization contains an unlawful contractual provision regarding reimbursement rates or restrictive drug purchasing requirements, the pharmacy may file a complaint with the department. V. Nothing in this section shall prevent the customer from paying the difference between the acquisition cost and reimbursement amount if they would prefer to have the prescription filled by that pharmacist or pharmacy. VI. In this section “pharmacy services administrative organization” means an entity operating within the state that contracts with one or more independent pharmacies to provide administrative services to pharmacies and negotiate and enter into contracts with third-party payers or pharmacy benefit managers on behalf of pharmacies. A person or entity is a pharmacy services administrative organization under this section if it performs one or more of the following administrative services on behalf of one or more pharmacies: (a) Assistance with claims. (b) Assistance with audits. (c) Assistance with access to pharmacy networks. (d) Assistance with interactions between the pharmacy and pharmacy benefits manager. (e) Centralized payment. (f) Certification in specialized care programs. (g) Compliance support. (h) Setting flat fees for generic drugs. (i) Assistance with store layout. (j) Marketing support. (k) Management and analysis of payment and drug dispensing data. (l) Provision of resources for retail cash cards.

    This establishes a new legal framework under which pharmacies can refuse to dispense medications if the reimbursement does not meet their costs.

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Executive Session: 10/14/2026 10:00 am GP 229

  2. Subcommittee Work Session: 09/09/2026 10:00 am GP 229

  3. Refer for Interim Study: MA VV 01/07/2026 HJ 1 P. 46

  4. Committee Report: Refer for Interim Study 10/28/2025 (Vote 17-0; CC) HC 51 P. 5

  5. Executive Session: 10/28/2025 11:00 am GP 229

  6. Full Committee Work Session: 09/10/2025 10:00 am GP 229

  7. Retained in Committee

  8. Executive Session: 05/27/2025 01:15 pm LOB 302-304

  9. Subcommittee Work Session: 05/07/2025 10:00 am LOB 302-304

  10. Public Hearing: 04/23/2025 11:00 am LOB 302-304

  11. Introduced (in recess of) 03/27/2025 and referred to Commerce and Consumer Affairs HJ 11 P. 113

  12. Sen. Birdsell Floor Amendment # 2025-1401s, AA, VV; 03/27/2025; SJ 9

  13. Committee Amendment # 2025-1173s, AF, VV; 03/27/2025; SJ 9

  14. Ought to Pass with Amendment #2025-1401s, MA, VV; OT3rdg; 03/27/2025; SJ 9

  15. SB 247 was Removed from the Consent Calendar; 03/27/2025; SJ 9

  16. Committee Report: Ought to Pass with Amendment # 2025-1173s, 03/27/2025; Vote 5-0; CC; SC 14

  17. Hearing: 03/12/2025, Room 101, LOB, 10:30 am; SC 12

  18. Introduced 01/09/2025 and Referred to Health and Human Services; SJ 3

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 410 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (410)

410 members have not signed on to this bill.

Show all 410 →

"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

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

What does SB247 do?
prohibiting network exclusion for pharmacies that refuse to dispense a prescription of the PBM reimbursement that is below the pharmacy's acquisition cost.
Who sponsors SB247?
SB247 is sponsored by David Rochefort (Republican), Carry Spier (Democrat), Daniel Innis (Republican), Brian Cole (Republican), and Kevin Avard (Republican).
What is the current status of SB247?
This bill has been introduced in the Senate. Introduced January 23, 2025. It must pass committee before a floor vote.
Where can I track SB247?
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