SB188: AN ACT relating to patient access to pharmacy benefits.

Legislative Summary

Amends KRS 18A.2254 to require that the state employee health plan and state agencies comply with certain pharmacy-related insurance laws; creates new sections of Subtitle 17A of KRS Chapter 304 to define terms for pharmacy-related insurance practices, to require that insurers, pharmacy benefit managers, and other pharmacy benefits administrators establish reasonably adequate and accessible pharmacy networks, to require the filing of an annual report, to require that the insurance commissioner review pharmacy networks, to provide that information and data acquired by the Department of Insurance be considered proprietary and not subject to disclosure under open records laws, to establish requirements for certain contracts between a pharmacy or pharmacist and an insurer, a pharmacy benefit manager, or any other pharmacy benefits administrator, to establish prohibited conduct and requirements for certain pharmacy-related insurance practices, and to establish a complaint process for insureds, pharmacies, and pharmacists impacted by a violation of certain pharmacy-related insurance laws; creates a new section of Subtitle 99 of KRS Chapter 304 to authorize the insurance commissioner to order reimbursement to persons who incurred a monetary loss as a result of a violation of certain pharmacy-related insurance laws; amends KRS 304.9-053 to require certain filings; amends KRS 304.9-054 to establish requirements for pharmacy benefit manager licensure; amends KRS 304.9-055 to require that the insurance commissioner promulgate certain administrative regulations relating to pharmacy benefit managers; amends KRS 304.14-120 to require that the insurance commissioner review certain health plan filings; amends KRS 304.17A-712 to conform; amends KRS 304.17C-125 to apply certain pharmacy-related insurance laws to limited health service benefit plans, including limited health service contracts; amends KRS 304.38A-115 to apply certain pharmacy-related insurance laws to limited health service organizations; repeals KRS 304.38A-120, relating to assignment of certain benefits under limited health service organization plans, to consolidate provisions; creates a new section of KRS Chapter 315 to require reporting by ambulatory pharmacies to the Kentucky Board of Pharmacy; amends KRS 367.828 to establish certain requirements for health discount plans relating to prescription drugs; makes technical corrections to existing statutes throughout; applies various sections to contracts issued or renewed on or after January 1, 2025; and requires the insurance commissioner and the Kentucky Board of Pharmacy to promulgate implementing administrative regulations by certain dates; EFFECTIVE, in part, January 1, 2025.