Delaware 150th General Assembly (2019-2020) Status: Passed Senate Bipartisan · 7 D · 5 R cosponsors

SB 71 — AN ACT TO AMEND TITLE 18 AND TITLE 24 OF THE DELAWARE CODE RELATING PHARMACY OWNERSHIP AND PHARMACY BENEFITS MANAGERS.

Last action — Passed By House. Votes: 40 YES 1 NO

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

This bill died with 150th General Assembly (2019-2020). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Act protects consumers from paying high prices for prescription drugs by ensuring competition in the marketplace by doing the following: 1. Prohibiting a pharmacy benefit manager from requiring or providing an incentive for an insured individual to use a pharmacy in which the pharmacy benefit manager has an ownership interest. 2. Requiring that a pharmacy must be owned by a pharmacist or by a majority of pharmacists if owned by an artificial entity. This ownership requirement is modelled on the same requirement in North Dakota law, enacted in 1963, which has kept North Dakota prescription prices among the lowest in the country and provides North Dakotans with more pharmacies per capita than the national average and a high level of care from locally owned pharmacies. This ownership requirement does not apply to current holders of a permit to operate a pharmacy or to hospital pharmacies that furnishes services only to patients and employees.

Bill Text

What changed in the latest version

8 added · 19 removed

8 line(s) added, 19 removed.

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Latest
Sen.
Rep.
Delcollo DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.
Bennett HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.
4 TO SENATE BILL NO.
1 TO SENATE BILL NO.
71 on line 5 by inserting "(1)" after "(a)" and before "A" therein.
71, as amended, by deleting lines 11 through 27 in their entirety.
FURTHER AMEND Senate Bill No.
SYNOPSIS This Amendment removes the requirement that a new permit to open a pharmacy may be approved only if the pharmacy is owned by a pharmacist.
71 on line 6 by deleting "specialty pharmacy," before "or" therein.
LC :
FURTHER AMEND Senate Bill No.
71 between lines 7 and 8 by inserting the following:
"(2) Notwithstanding paragraph (a)(1) of this section, a pharmacy benefit manager may require an insured to use a specialty pharmacy owned by the pharmacy benefit manager.".
FURTHER AMEND Senate Bill No.
71 on line 8 by inserting "(1)" after "(b)" and before "A" therein.
FURTHER AMEND Senate Bill No.
71 on line 9 by deleting "pharmacy, mail-order pharmacy, specialty pharmacy," before "or" therein and inserting in lieu thereof "pharmacy".
FURTHER AMEND Senate Bill No.
71 between lines 10 and 11 by inserting the following:
"(2) Notwithstanding paragraph (b)(1) of this section, a pharmacy benefit manager may provide an incentive to an insured to use a mail-order pharmacy or specialty pharmacy owned by the pharmacy benefit manager.".
SYNOPSIS This Amendment allows a pharmacy benefit manager (PBM) to require an insured to use a specialty pharmacy owned by the PBM and to provide incentives to an insured to use a specialty or mail-order pharmacy owned by the PBM.
Author:
Senator Delcollo LC :
06/25/2019 06:59 PM 5971500214
06/30/2019 11:19 AM 5971500218
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Action History

  1. Passed By House. Votes: 40 YES 1 NO

  2. Amendment HA 1 to SB 71 - Passed In House by Voice Vote

  3. Suspension of Rules in House

  4. Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 7 On Its Merits

  5. Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

  6. Passed By Senate. Votes: 18 YES 2 NO 1 ABSENT

  7. Amendment SA 4 to SB 71 - Passed By Senate. Votes: 20 YES 1 ABSENT

  8. Amendment SA 3 to SB 71 - Passed By Senate. Votes: 19 YES 2 ABSENT

  9. Amendment SA 2 to SB 71 - Passed By Senate. Votes: 18 YES 3 ABSENT

  10. Amendment SA 1 to SB 71 - Stricken in Senate

  11. Amendment SA 2 to SB 71 - Introduced and Placed With Bill

  12. Reported Out of Committee (Banking, Business & Insurance) in Senate with 3 On Its Merits

  13. Amendment SA 1 to SB 71 - Introduced and Placed With Bill

  14. Introduced and Assigned to Banking, Business & Insurance Committee in Senate

Sponsors

Sponsorship breakdown

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7 sponsors · 10 co-sponsors · 45 not signed on · 3 voted No

Sponsors (7)

Co-sponsors (10)

Not signed on (45)

45 members have not signed on to this bill.

Show all 45 →

"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

SM

Passed 40 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 11100
Republican 12000
Total 40100
% of votes cast 98%2%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Nay
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 18 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democratic 8100
Republican 4001
Total 18201
% of votes cast 86%10%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Nay
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Nay
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Not Voting
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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 SB 71 do?
This Act protects consumers from paying high prices for prescription drugs by ensuring competition in the marketplace by doing the following: 1. Prohibiting a pharmacy benefit manager from requiring or providing an incentive for an insured individual to use a pharmacy in which the pharmacy benefit manager has an ownership interest. 2. Requiring that a pharmacy must be owned by a pharmacist or by a majority of pharmacists if owned by an artificial entity. This ownership requirement is modelled on the same requirement in North Dakota law, enacted in 1963, which has kept North Dakota prescription prices among the lowest in the country and provides North Dakotans with more pharmacies per capita than the national average and a high level of care from locally owned pharmacies. This ownership requirement does not apply to current holders of a permit to operate a pharmacy or to hospital pharmacies that furnishes services only to patients and employees.
Who sponsors SB 71?
SB 71 is sponsored by Kimberly Williams (Democratic), Edward S. Osienski (Democratic), Ronald E. Gray (Republican), William Bush (Democratic), David L. Wilson (Republican), Brian Pettyjohn (Republican), Michael F. Smith (Republican), Bryan W. Shupe (Republican), David P. Sokola (Democratic), Stephanie L. Hansen (Democratic), Ray Seigfried (Democratic), Trey Paradee (Democratic), Anthony Delcollo, Andria L. Bennett, Ruth Briggs King, John A. Kowalko, and Sean Matthews.
What is the current status of SB 71?
This bill died with 150th General Assembly (2019-2020). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 71?
Track SB 71 free on One Click Politics — get push/email alerts when it moves.

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