Mississippi 2023 Regular Session Status: In Committee Bipartisan · 13 R · 8 D cosponsors

SB 2484 — Pharmacy Benefit Manager; revise certain requirements of.

Last action — Died On Calendar

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

This bill died with 2023 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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.

Bill Text

What changed in the latest version

87 added · 85 removed

Plain-language change summary

The latest version of SB 2484 updates the requirements related to Pharmacy Benefit Managers (PBMs). It replaces the previous text with a new committee substitute, indicating that there were changes made to how PBMs operate, although the specifics of those changes aren't detailed here. These revisions are important because they could affect how consumers access medication, potentially leading to better pricing or management of prescription drug benefits.

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Latest
Public Health and Caughman, Polk, Suber, Boyd, Blount, Younger, Welfare Whaley, Fillingane, Chassaniol, Kirby, Butler (36th), Sparks, Frazier, Butler (38th), Norwood, Thomas, Barnett, Jackson, Hill, McCaughn, Seymour SENATE BILL NO.
Public Health and Caughman, Polk, Suber, Boyd, Blount, Younger, Welfare Whaley, Fillingane, Chassaniol, Kirby, Butler (36th), Sparks, Frazier, Butler (38th), Norwood, Thomas, Barnett, Jackson, Hill, McCaughn, Seymour COMMITTEE SUBSTITUTE FOR SENATE BILL NO.
2484 *SS26/R516* ~ OFFICIAL ~ G1/2 23/SS26/R516 PAGE 1 (scm\tb) PHARMACY BENEFIT MANAGERS AND PHARMACY BENEFIT MANAGER AFFILIATES FROM ORDERING A PATIENT TO USE AN AFFILIATE PHARMACY OF ANOTHER PHARMACY BENEFIT MANAGER, OR OFFERING OR IMPLEMENTING PLAN DESIGNS THAT PENALIZE A PATIENT WHEN A PATIENT CHOOSES NOT TO USE AN AFFILIATE PHARMACY OR THE AFFILIATE PHARMACY OF ANOTHER PHARMACY BENEFIT MANAGER, OR INTERFERING WITH THE PATIENT'S RIGHT TO CHOOSE THE PATIENT'S PHARMACY OR PROVIDER OF CHOICE;
2484 *SS08/R516CS* ~ OFFICIAL ~ G1/2 23/SS08/R516CS PAGE 1 PHARMACY BENEFIT MANAGERS AND PHARMACY BENEFIT MANAGER AFFILIATES FROM ORDERING A PATIENT TO USE AN AFFILIATE PHARMACY OF ANOTHER PHARMACY BENEFIT MANAGER, OR OFFERING OR IMPLEMENTING PLAN DESIGNS THAT PENALIZE A PATIENT WHEN A PATIENT CHOOSES NOT TO USE AN AFFILIATE PHARMACY OR THE AFFILIATE PHARMACY OF ANOTHER PHARMACY BENEFIT MANAGER, OR INTERFERING WITH THE PATIENT'S RIGHT TO CHOOSE THE PATIENT'S PHARMACY OR PROVIDER OF CHOICE;
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 2(scm\tb) ( * * *d) "Day" means a calendar day, unless otherwise defined or limited.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 2 requirements of.
( * * *d) "Day" means a calendar day, unless otherwise defined or limited.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 3(scm\tb) Medicare and Medicaid Services to determine average acquisition cost for Medicaid-covered outpatient drugs as set out in Title 42 CFR Part 447.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 3 requirements of.
Medicare and Medicaid Services to determine average acquisition cost for Medicaid-covered outpatient drugs as set out in Title 42 CFR Part 447.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 4(scm\tb) shall be subject to Sections 73-21-151 through * * * 73-21-163 only for those pharmacy benefit manager services * * *;
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 4 requirements of.
shall be subject to Sections 73-21-151 through * * * 73-21-163 only for those pharmacy benefit manager services * * *;
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 5(scm\tb) * * * (o) "Pharmacy services administrative organization" means any entity that contracts with a pharmacy or pharmacist to assist with third-party payer interactions and that may provide a variety of other administrative services, including contracting with pharmacy benefits managers on behalf of pharmacies and managing pharmacies' claims payments for third-party payers.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 5 requirements of.
* * * (o) "Pharmacy services administrative organization" means any entity that contracts with a pharmacy or pharmacist to assist with third-party payer interactions and that may provide a variety of other administrative services, including contracting with pharmacy benefits managers on behalf of pharmacies and managing pharmacies' claims payments for third-party payers.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 6(scm\tb) Insurance has adopted a rule covering the same type of claim.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 6 requirements of.
Insurance has adopted a rule covering the same type of claim.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 7(scm\tb) (c) Exclude 340B entities from its network of participating pharmacies based on criteria that is not applied to non-340B entities;
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 7 requirements of.
(c) Exclude 340B entities from its network of participating pharmacies based on criteria that is not applied to non-340B entities;
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 8(scm\tb) pharmacist service in a net amount less than the national average drug acquisition cost for the prescription drug or pharmacist service in effect at the time that the drug or service is administered or dispensed, plus a professional dispensing fee of Eleven Dollars and Twenty-nine Cents ($11.29).
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 8 requirements of.
pharmacist service in a net amount less than the national average drug acquisition cost for the prescription drug or pharmacist service in effect at the time that the drug or service is administered or dispensed, plus a professional dispensing fee of Eleven Dollars and Twenty-nine Cents ($11.29).
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 9(scm\tb) mutually agreed upon in writing by the payor and pharmacy benefit manager.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 9 requirements of.
mutually agreed upon in writing by the payor and pharmacy benefit manager.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 10(scm\tb) manager shall notify the pharmacy or pharmacies.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 10 requirements of.
manager shall notify the pharmacy or pharmacies.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 11(scm\tb) administrative penalty of not more than Twenty-five Thousand Dollars ($25,000.00) to be assessed by the State Board of Pharmacy.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
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revise certain PAGE 11 requirements of.
administrative penalty of not more than Twenty-five Thousand Dollars ($25,000.00) to be assessed by the State Board of Pharmacy.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 12(scm\tb) less than One Dollar ($1.00), such amount shall be credited to the account of the person or entity to whom such amount is owed.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 12 requirements of.
less than One Dollar ($1.00), such amount shall be credited to the account of the person or entity to whom such amount is owed.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 13(scm\tb) (b) The State Board of Pharmacy shall adopt rules and regulations necessary to implement and ensure compliance with this subsection, including, but not limited to, rules and regulations that address access to pharmacy services in rural or underserved areas in cases where a network pharmacy or pharmacist declines to provide a drug or service under paragraph (a) of this subsection.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 13 requirements of.
(b) The State Board of Pharmacy shall adopt rules and regulations necessary to implement and ensure compliance with this subsection, including, but not limited to, rules and regulations that address access to pharmacy services in rural or underserved areas in cases where a network pharmacy or pharmacist declines to provide a drug or service under paragraph (a) of this subsection.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 14(scm\tb) pharmacy benefit management plan or through a pharmacy service administrative organization;
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 14 requirements of.
pharmacy benefit management plan or through a pharmacy service administrative organization;
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 15(scm\tb) (ii) * * * Deny the appeal * * * and provide the challenging pharmacy or pharmacist the National Drug Code and the * * * national average drug acquisition or wholesale acquisition cost of the drug, as applicable.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 15 requirements of.
(ii) * * * Deny the appeal * * * and provide the challenging pharmacy or pharmacist the National Drug Code and the * * * national average drug acquisition or wholesale acquisition cost of the drug, as applicable.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 16(scm\tb) than the amount that the pharmacy benefit manager reimburses a pharmacy benefit manager affiliate for providing the same pharmacist services.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 16 requirements of.
than the amount that the pharmacy benefit manager reimburses a pharmacy benefit manager affiliate for providing the same pharmacist services.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 17(scm\tb) (b) Any other information relating to the operations of the pharmacy benefit manager required by the board under this section.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 17 requirements of.
(b) Any other information relating to the operations of the pharmacy benefit manager required by the board under this section.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 18(scm\tb) the Legislature, to support the operations of the board relating to the regulation of pharmacy benefit managers.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 18 requirements of.
the Legislature, to support the operations of the board relating to the regulation of pharmacy benefit managers.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 19(scm\tb) documents containing such information with the board in lieu of the statement required by this section.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 19 requirements of.
documents containing such information with the board in lieu of the statement required by this section.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 20(scm\tb) that the pharmacy benefit manager received from pharmaceutical manufacturers in connection with claims administered on behalf of the plan sponsor.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 20 requirements of.
that the pharmacy benefit manager received from pharmaceutical manufacturers in connection with claims administered on behalf of the plan sponsor.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 21(scm\tb) ( * * *d) Patient or prospective patient specific advertising, marketing, or promotion of a pharmacy by * * * a pharmacy benefit manager or pharmacy benefit manager affiliate.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 21 requirements of.
( * * *d) Patient or prospective patient specific advertising, marketing, or promotion of a pharmacy by * * * a pharmacy benefit manager or pharmacy benefit manager affiliate.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 22(scm\tb) (c) Presenting a claim for payment to any individual, third-party payor, affiliate, or other entity for a service furnished pursuant to a referral from * * * a pharmacy benefit manager or pharmacy benefit manager affiliate * * *;
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 22 requirements of.
(c) Presenting a claim for payment to any individual, third-party payor, affiliate, or other entity for a service furnished pursuant to a referral from * * * a pharmacy benefit manager or pharmacy benefit manager affiliate * * *;
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 23(scm\tb) SECTION 8.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 23 requirements of.
SECTION 8.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 24(scm\tb) (2) A pharmacy benefit manager or pharmacy benefit manager affiliate shall not penalize or retaliate against a pharmacist, pharmacy or pharmacy employee for exercising any rights under this chapter, initiating any judicial or regulatory actions or discussing or disclosing information pertaining to an agreement with a pharmacy benefit manager or a pharmacy benefit manager affiliate when testifying or otherwise appearing before any governmental agency, legislative member or body or any judicial authority.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 24 requirements of.
(2) A pharmacy benefit manager or pharmacy benefit manager affiliate shall not penalize or retaliate against a pharmacist, pharmacy or pharmacy employee for exercising any rights under this chapter, initiating any judicial or regulatory actions or discussing or disclosing information pertaining to an agreement with a pharmacy benefit manager or a pharmacy benefit manager affiliate when testifying or otherwise appearing before any governmental agency, legislative member or body or any judicial authority.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 25(scm\tb) (2) The board may impose a monetary penalty on a pharmacy benefit manager or a pharmacy benefit manager affiliate for noncompliance with the provisions of the Sections 73-21-151 through 73-21-163, in amounts of not less than One Thousand Dollars ($1,000.00) per violation and not more than Twenty-five Thousand Dollars ($25,000.00) per violation.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 25 requirements of.
(2) The board may impose a monetary penalty on a pharmacy benefit manager or a pharmacy benefit manager affiliate for noncompliance with the provisions of the Sections 73-21-151 through 73-21-163, in amounts of not less than One Thousand Dollars ($1,000.00) per violation and not more than Twenty-five Thousand Dollars ($25,000.00) per violation.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 26(scm\tb) ( * * *4) The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding if the board imposes a monetary penalty under subsection (2) of this section.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 26 requirements of.
( * * *4) The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding if the board imposes a monetary penalty under subsection (2) of this section.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 PAGE 27(scm\tb) instituted, the board shall certify the record of its proceedings, together with all documents and evidence, to the chancery court and the matter shall be heard in due course by the court, which shall review the record and make its determination thereon in accordance with the provisions of Section 73-21-101.
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS ST:
Pharmacy Benefit Manager;
revise certain PAGE 27 requirements of.
instituted, the board shall certify the record of its proceedings, together with all documents and evidence, to the chancery court and the matter shall be heard in due course by the court, which shall review the record and make its determination thereon in accordance with the provisions of Section 73-21-101.
This act shall take effect and be in force from and after July 1, 2023.
This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
2484 *SS26/R516* ~ OFFICIAL ~ 23/SS26/R516 ST:
2484 *SS08/R516CS* ~ OFFICIAL ~ 23/SS08/R516CS PAGE 28
Pharmacy Benefit Manager;
revise certain PAGE 28(scm\tb) requirements of.
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Action History

  1. Died On Calendar

  2. Title Suff Do Pass Comm Sub

  3. Referred To Public Health and Welfare

Sponsors

Sponsorship breakdown

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1 sponsors · 23 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (23)

Not signed on (151)

151 members have not signed on to this bill.

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"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.

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Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors SB 2484?
SB 2484 is sponsored by Rita Potts Parks (Republican), Branning, Jason Barrett (Republican), Caughman, Polk, Benjamin Suber (Republican), Nicole Boyd (Republican), David Blount (Democrat), Chuck Younger (Republican), Neil S. Whaley (Republican), Joey Fillingane (Republican), Lydia Graves Chassaniol (Republican), Dean Kirby (Republican), Daniel H. Sparks (Republican), Hillman Terome Frazier (Democrat), Sollie B. Norwood (Democrat), Joseph Thomas (Democrat), Angela Burks Hill (Republican), Tyler McCaughn (Republican), Joseph M. Seymour (Republican), Reginald Jackson (Democrat), Juan Barnett (Democrat), and Albert Butler (Democrat).
What is the current status of SB 2484?
This bill died with 2023 Regular Session. It reached “In Committee” 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 2484?
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