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ACT NOW: Oppose PBM Bills Up for Debate Tuesday, May 19th

Pro-PBM House Bills 297, 387 and 609 by Rep. Edmond Jordan and House Bill 608 - also by Rep. Jordan - are scheduled for debate on TUESDAY, MAY 19th in the House Insurance and House Health & Welfare committees respectively.


PLEASE CONTACT YOUR REPRESENTATIVE AND THE COMMITTEE MEMBERS AS WELL ASKING THEM TO OPPOSE THESE BILLS.


How You Can Take Action:


TESTIFY AND/OR SUBMIT A CARD IN SUPPORT IN PERSONThe Capitol is open with temperature checks and distancing requirements; masks are encouraged as well.

SUBMIT AN ELECTRONIC “CARD” IN OPPOSITION These statements of opposition will be read into the record and must be received by Monday, May 18th, at 3pm. A simple one-line note will suffice, ie: Small Business Independent Pharmacies oppose HB 297, HB 387, HB 609, HB 608 with your name and contact information. These statements should be emailed as follows for:


CALL OR EMAIL YOUR LEGISLATORS: Members of the House Insurance and Health & Welfare Committees need to hear from you, your employees, and from your patients on why this issue matters. See below for links to contact information for each legislator:



About the Bills:


Rep. Edmond Jordan (D-Baton Rouge) has again introduced legislation on behalf of PCMA (the PBM association). Each bill tries to open up and amend the legislation you worked so hard for last year -- Sen. Fred Mills' Senate Bill 41, now ACT 124 -- which passed with only one nay vote. We oppose these bills and reject these actions especially NOW, when you are working so diligently to deliver healthcare in the face of a public health crisis.


House Bill 608 would prohibit the Board of Pharmacy from adopting any permitting requirements for pharmacy benefit managers that conflict with those established in the La. Insurance Code. Current law you passed last year as Senate Bill 41, ACT 124, requires PBMs to be licensed by the commissioner of insurance, registered with the La. secretary of state, and, permitted by the La. Board of Pharmacy.

Proposed law supersedes the provisions of Act 124 of the 2019 Regular Session of the Legislature that enact R.S. 40:2868.


House Bill 297 would place the President of PCMA or their representative on the PBM advisory council and not require the president of a pharmacy benefit manager licensed by the Board of Pharmacy, selected by PCMA. We gave PBMs a seat at the table, now they want to hide and don’t want to be licensed.


House Bill 387 which is essentially the duplicate of the 2019 HB 432, to regulate Pharmacy Services Administrative Organizations (PSAOs) which was defeated in committee last year.


Background:


  • PBMs required pharmacies to contract with a PSAO in order to have access to patients.

  • PBMs forced use of central-pay programs to limit their need to contract or manage payments to pharmacies and this aids PBMs in making recoupment and reduction to pharmacy payments by withholding payments from central pay.

  • PBMs do not allow pharmacies to negotiate contracts, rather, PBMs offer take-it or leave-it contracts and object to pharmacies grouping together in an attempt to negotiate.

  • PSAOs are required to contract on behalf of pharmacies,


House Bill 387 is the PBMs’ attempt to interfere with a pharmacy’s contract with their PSAO, and would have PSAOs be more responsible to PBMs than the pharmacies they represent.


House Bill 609 would allow PBMs to release protected information in cases allowed by federal law (think DIR fees and how they charge you) we need to prohibit PBMs from transferring personal information for any reason.



House Insurance Committee


Name, Position, District Phone Email

Chad Brown, Chairman [60] (225) 687-2410 brownc@legis.la.gov

Edmond Jordan, Vice Chair [29] (225) 359-9480 jordane@legis.la.gov

Mary DuBuisson, Member [90] (985) 645-3592 hse090@legis.la.gov

Kathy Edmonston, Member [88] (225) 647-5646 hse088@legis.la.gov

Michael "Gabe" Firment, Member [22] (318) 765-9606 hse022@legis.la.gov

Lawrence "Larry" Frieman, Member [74] (985) 400-4670 hse074@legis.la.gov

Cedric Glover, Member [4] (318) 221-7775 gloverc@legis.la.gov

Kyle M. Green Jr., Member [83] (504) 349-8790 hse083@legis.la.gov

Paul Hollis, Member [104] (985) 871-4680 hollisp@legis.la.gov

Mike Huval, Member [46] (337) 332-3331 huvalm@legis.la.gov

John R. Illg, Jr., Member [78] (504) 736-7030 hse078@legis.la.gov

Sherman Q. Mack, Member [95] (225) 567-3679 macks@legis.la.gov

Danny McCormick, Member [1] (318) 995-8040 hse001@legis.la.gov

Matthew Willar, Member [97] (504) 283-4261 hse097@legis.la.gov

Tanner Magee, Ex Officio [53] (985) 858-2970 mageet@legis.la.gov

Clay Schexnayder, Ex Officio [81] (225) 473-6016 schexnayderc@legis.la.gov



House Health and Welfare Committee


Name, Position, District Phone Email

Larry Bagley, Chairman [7] (318) 925-9588 bagleyl@legis.la.gov

Christopher Turner, Vice Chair [12] (318) 251-5038 hse012@legis.la.gov

Roy Daryl Adams, Member [62] (225) 634-7470 hse062@legis.la.gov

Robby Carter, Member [72] (985) 748- 2245 carterr@legis.la.gov

Kenny R. Cox, Member [23] (855) 844-8583 coxk@legis.la.gov

Raymond J. Crews, Member [8] (318) 716-7532 crewsr@legis.la.gov

Michael Charles Echols, Member [14] (318) 598-4010 hse014@legis.la.gov

Julie Emerson, Member [39] (337) 886-4687 emersonj@legis.la.gov

Jason Hughes, Member [100] (504) 246-9707 hse100@legis.la.gov

C. Travis Johnson, Member [21] (225) 308-4269 hse021@legis.la.gov

Ed Larnadain III, Member [26] (318) 487-5441 hse026@legis.la.gov

Wayne McMahen, Member [10] (318) 371-3092 mcmahenw@legis.la.gov

Dustin Miller, Member [40] (337) 943-2900 millerd@legis.la.gov

Pat Moore, Member [17] (318) 362-3014 hse017@legis.la.gov

Robert "Bob" Owen, Member [76] (985) 639-0400 hse076@legis.la.gov

Thomas A. Pressly, Member [6] (318) 862-9920 hse006@legis.la.gov

Larry Selders, Member, [67] (225) 342-7106 hse067@legis.la.gov

Joseph A. Stagni, Member, [92] (504) 465-3479 stagnij@legis.la.gov

Tanner Magee, Ex Officio [53] (985) 858-2970 mageet@legis.la.gov

Clay Schexnayder, Ex Officio [81] (225) 473-6016 schexnayderc@legis.la.gov

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