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 | |
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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: | |
1 | SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 38 |
4 | PRESCRIPTION BENEFIT MANAGER ACCOUNTABILITY ACT |
5 | 21-38-1. Short title. |
6 | This act shall be known and may be cited as "Prescription Benefit Manager Accountability |
7 | Act". |
8 | 21-38-2. Definitions. |
9 | (a) "Prescription benefit manager" or "PBM" means any person or entity that administers |
10 | or manages prescription drug benefits on behalf of a health insurer, health plan, or other third party |
11 | payer. |
12 | (b) "Prescribing practitioner" means a physician or other health care provider licensed and |
13 | authorized under the laws of this state to prescribe prescription medications. |
14 | 21-38-3. Mandatory fulfillment of prescribed medication. |
15 | (a) Whenever a prescribing practitioner prescribes a specific medication for a patient, the |
16 | prescription benefit manager or any entity responsible for processing or approving the prescription |
17 | shall approve and authorize coverage of that specific medication as written if the prescribing |
18 | practitioner submits a notarized letter stating: |
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1 | (1) The medical necessity for the specific medication prescribed; and |
2 | (2) That alternative medications are not as effective or are not clinically appropriate for the |
3 | patient. |
4 | (b) Upon receipt of the notarized letter described in subsection (a) of this section, the |
5 | prescription benefit manager shall not substitute, deny, or require step therapy for a different |
6 | medication. |
7 | 21-38-4. Denial requirements and medical review. |
8 | (a) Any denial of a prescribed medication shall be made only after review by a licensed |
9 | health care professional with documented medical expertise in the specific medication or the |
10 | medical condition for which it is prescribed. |
11 | (b) The prescription benefit manager shall document, at the time of denial: |
12 | (1) The name, license number, and specialty of the reviewing health care professional; |
13 | (2) The relevant medical expertise; and |
14 | (3) The clinical basis for the denial. |
15 | (c) Such documentation shall be provided to the prescribing practitioner and the patient |
16 | upon request. |
17 | 21-38-5. Enforcement. |
18 | (a) Any violation of this chapter shall constitute an unfair or deceptive act or practice and |
19 | may be enforced by the attorney general. |
20 | (b) The department of health may promulgate rules and regulations necessary to implement |
21 | this chapter. |
22 | SECTION 2. This act shall take effect upon passage. |
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LC005681 | |
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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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1 | This act would require prescription benefit managers to approve a specific medication |
2 | prescribed by a doctor when supported by a notarized medical necessity letter and require that any |
3 | denial be reviewed and documented by a licensed medical expert. |
4 | This act would take effect upon passage. |
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LC005681 | |
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