2021 -- S 0236

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LC001235

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - PHARMACIES

     Introduced By: Senator Walter S. Felag

     Date Introduced: February 10, 2021

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby amended

by adding thereto the following section:

     5-19.1-36. Prescription drug price savings.

     (a) Pharmacists when dispensing a prescription shall advise the individual presenting the

prescription of every substitute drug containing all the same active chemical ingredients of the same

strength, quantity, and dosage available at a lesser cost, unless ordered by the prescribing physician

to dispense as brand name necessary on the prescription form pursuant to § 5-19.1-19. The

pharmacists' advice required by this section shall include, but not be limited to, informing the

individual presenting the prescription if a drug would cost less if the individual paid out-of-pocket,

rather than through the individual's health insurance.

     (b) The provisions in subsection (a) of this section shall not apply if the pharmacist is

automatically charging the individual presenting the prescription with the lowest price active

chemical ingredients of the same strength, quantity, and dosage.

     (c) A plan sponsor, health insurance issuer, or pharmacy benefit manager shall not:

     (1) Prohibit a pharmacist from disclosing the information described in subsection (a) of

this section to an individual presenting a prescription;

     (2) Penalize a pharmacy or a pharmacist for disclosing the information described in

subsection (a) of this section to an individual presenting a prescription or for selling a more

affordable alternative to an individual presenting a prescription; or

     (3) Require a pharmacy or a pharmacist to charge or collect a copayment from an individual

presenting a prescription that exceeds the total charges submitted by the network pharmacy.

     (d) Communication by and between a pharmacist and patient or the patient's authorized

representative shall be confidential health care communication and disclosed only pursuant to the

provisions of chapter 37.3 of title 5.

      SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - PHARMACIES

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     This act would require pharmacists to advise of less expensive generic drug alternatives

except when a physician orders to dispense as brand name necessary. This act also requires the

pharmacist to advise when a drug would cost less if paid for out-of-pocket without using insurance.

     This act would take effect upon passage.

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LC001235

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