AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PERMITTED DISCLOSURES RELATED TO PRESCRIPTION DRUGS.
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HB 425 — AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PERMITTED DISCLOSURES RELATED TO PRESCRIPTION DRUGS.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 30, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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15 sponsors
3 primary, 12 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (3 R · 3 D) — cross-party backing.
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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.
Summary
This Act establishes that a contract between a pharmacy benefits manager and a pharmacy may not prohibit a pharmacy or pharmacist from doing any of the following: (1) Providing an insured with information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (2) Discussing with an insured information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (3) If a more affordable, therapeutically equivalent prescription drug is available, selling the more affordable, therapeutically equivalent prescription drug to the insured. In some cases, contracts between pharmacy benefits managers and pharmacies have provisions that prohibit pharmacies or pharmacist from informing consumers that they have options related to a prescription drug they want to buy and that the prescription drug could be purchased at a lower cost if the consumer paid out of pocket rather than through their health insurance plan. These provisions are often known as “gag clauses.” At least 7 states have enacted laws prohibiting these “gag clauses.”
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By Senate. Votes: 20 YES 1 ABSENT
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Rules Suspended in Senate
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Reported Out of Committee (Banking, Business & Insurance) in Senate with 3 On Its Merits
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Assigned to Banking, Business & Insurance Committee in Senate
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Passed By House. Votes: 40 YES 1 ABSENT
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Amendment HA 1 to HB 425 - Passed In House by Voice Vote
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Amendment HA 1 to HB 425 - Introduced and Placed With Bill
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Reported Out of Committee (Economic Development/Banking/Insurance/Commerce) in House with 1 Favorable, 8 On Its Merits
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Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House
Sponsors
- Brian Pettyjohn · Primary
- Nicole Poore · Cosponsor
- Debra Heffernan · Cosponsor
- Jeffrey N. Spiegelman · Cosponsor
- Kimberly Williams · Cosponsor
- Daniel B. Short · Cosponsor
- Stephen Smyk · Cosponsor
- Sean Matthews · Cosponsor
- John A. Kowalko · Cosponsor
- Helene M. Keeley · Cosponsor
- David Bentz · Cosponsor
- Paul S. Baumbach · Cosponsor
- Harris B. McDowell · Cosponsor
- Margaret Rose Henry · Primary
- Andria L. Bennett · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 12 co-sponsors · 47 not signed on
Sponsors (3)
- Brian Pettyjohn Republican
- Margaret Rose Henry
- Andria L. Bennett
Co-sponsors (12)
- Nicole Poore Democratic
- Debra Heffernan Democratic
- Jeffrey N. Spiegelman Republican
- Kimberly Williams Democratic
- Daniel B. Short Republican
- Stephen Smyk
- Sean Matthews
- John A. Kowalko
- Helene M. Keeley
- David Bentz
- Paul S. Baumbach
- Harris B. McDowell
Not signed on (47)
47 members have not signed on to this bill.
Show all 47 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Yea |
| Brian J. Bushweller | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Yea |
| Colin Bonini | — | Yea |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Not Voting |
| F. Gary Simpson | — | Yea |
| Gregory F. Lavelle | — | Yea |
| Harris B. McDowell | — | Yea |
| Margaret Rose Henry | — | Yea |
| Robert Marshall | — | Yea |
| Bryan Townsend | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 0 | 0 | 0 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 8 | 0 | 0 | 1 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 425 do?
- This Act establishes that a contract between a pharmacy benefits manager and a pharmacy may not prohibit a pharmacy or pharmacist from doing any of the following: (1) Providing an insured with information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (2) Discussing with an insured information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (3) If a more affordable, therapeutically equivalent prescription drug is available, selling the more affordable, therapeutically equivalent prescription drug to the insured. In some cases, contracts between pharmacy benefits managers and pharmacies have provisions that prohibit pharmacies or pharmacist from informing consumers that they have options related to a prescription drug they want to buy and that the prescription drug could be purchased at a lower cost if the consumer paid out of pocket rather than through their health insurance plan. These provisions are often known as “gag clauses.” At least 7 states have enacted laws prohibiting these “gag clauses.”
- Who sponsors HB 425?
- HB 425 is sponsored by Brian Pettyjohn (Republican), Nicole Poore (Democratic), Debra Heffernan (Democratic), Jeffrey N. Spiegelman (Republican), Kimberly Williams (Democratic), Daniel B. Short (Republican), Stephen Smyk, Sean Matthews, John A. Kowalko, Helene M. Keeley, David Bentz, Paul S. Baumbach, Harris B. McDowell, Margaret Rose Henry, and Andria L. Bennett.
- What is the current status of HB 425?
- This bill has been enacted into law. Introduced May 30, 2018. Enacted.
- Where can I track HB 425?
- Track HB 425 free on One Click Politics — get push/email alerts when it moves.
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