2026 -- H 7814

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LC005681

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO FOOD AND DRUGS -- PRESCRIPTION BENEFIT MANAGER

ACCOUNTABILITY ACT

     

     Introduced By: Representative Charlene Lima

     Date Introduced: February 26, 2026

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 38

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PRESCRIPTION BENEFIT MANAGER ACCOUNTABILITY ACT

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     21-38-1. Short title.

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     This act shall be known and may be cited as "Prescription Benefit Manager Accountability

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Act".

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     21-38-2. Definitions.

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     (a) "Prescription benefit manager" or "PBM" means any person or entity that administers

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or manages prescription drug benefits on behalf of a health insurer, health plan, or other third party

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payer.

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     (b) "Prescribing practitioner" means a physician or other health care provider licensed and

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authorized under the laws of this state to prescribe prescription medications.

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     21-38-3. Mandatory fulfillment of prescribed medication.

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     (a) Whenever a prescribing practitioner prescribes a specific medication for a patient, the

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prescription benefit manager or any entity responsible for processing or approving the prescription

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shall approve and authorize coverage of that specific medication as written if the prescribing

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practitioner submits a notarized letter stating:

 

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     (1) The medical necessity for the specific medication prescribed; and

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     (2) That alternative medications are not as effective or are not clinically appropriate for the

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patient.

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     (b) Upon receipt of the notarized letter described in subsection (a) of this section, the

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prescription benefit manager shall not substitute, deny, or require step therapy for a different

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medication.

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     21-38-4. Denial requirements and medical review.

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     (a) Any denial of a prescribed medication shall be made only after review by a licensed

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health care professional with documented medical expertise in the specific medication or the

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medical condition for which it is prescribed.

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     (b) The prescription benefit manager shall document, at the time of denial:

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     (1) The name, license number, and specialty of the reviewing health care professional;

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     (2) The relevant medical expertise; and

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     (3) The clinical basis for the denial.

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     (c) Such documentation shall be provided to the prescribing practitioner and the patient

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upon request.

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     21-38-5. Enforcement.

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     (a) Any violation of this chapter shall constitute an unfair or deceptive act or practice and

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may be enforced by the attorney general.

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     (b) The department of health may promulgate rules and regulations necessary to implement

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this chapter.

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     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 FOOD AND DRUGS -- PRESCRIPTION BENEFIT MANAGER

ACCOUNTABILITY ACT

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     This act would require prescription benefit managers to approve a specific medication

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prescribed by a doctor when supported by a notarized medical necessity letter and require that any

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denial be reviewed and documented by a licensed medical expert.

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     This act would take effect upon passage.

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