PUTT Blog | March Madness Legislative Roundup

This March legislative madness is in full swing, and PBM Reform legislation at the state level has continued to heat up across the country. 

Many states have actualized savings within their Medicaid program, and are looking to help expand that success to state employee and commercial plans to help start realizing savings. We are still seeing perennial powerhouses show leadership with reimbursement reform, with a few new faces fighting the opaque “prescription tax” misinformation campaigns flooding their state. Several states have also followed Arkansas’ lead from last year on bills aimed to have chain pharmacies divest their PBM holdings. 

Kansas pharmacists celebrated a fantastic victory with the passing of SB 20 (formerly SB 360), which included a NADAC + professional dispensing fee of $10.50. Legislators were pummeled with astroturf opposition groups, but the relationships pharmacists made with their legislators helped motivate them to support this important legislation. It has passed both chambers, and awaits action from the Governor. 

Tennessee is hoping to recreate the successful passage of Arkansas’ PBM divestiture bill last year. Tennessee legislators have led SB 2040/HB1959 through many challenging discussions during committee hearings, and thankfully, they haven’t given up yet. TN Speaker of the House Cameron Sexton even voiced his support in a committee hearing. CVS clearly didn’t learn their lesson after Louisiana’s Attorney General forced them to pay $45 Million for their deceptive patient text message campaign in opposition to last year’s legislation, as they are up to their old tricks this year in Tennessee. The Tennessee Attorney General is watching, and even discovered social media influencers were contacted to conduct campaigns against the bill. All eyes will continue to be on Tennessee as this bill continues moving. 

Louisiana House Rep Echols’ HB 919, which establishes a $11.81 reimbursement floor for commercial prescriptions & includes other transparency measures, was able to pass the House floor with overwhelming support this week. Anyone who is fighting the prescription tax opposition talking point needs to watch Louisiana’s committee hearings on this bill to get a Master Class in how their legislators should be attacking this issue. This bill now goes to the Senate,  and there are other PBM reform bills still working through the chambers in Louisiana. 

Arizona was also able to get a victory so far with SB 1458. This bill focuses on payment parity and bans patient steering. This bill was voted out of the House committee, and moved to the House Floor for a vote. The test & treat bill in Arizona has also received new life this session.

Not all Cinderella stories in March get a “happily ever after,” but we’re still hoping for wins. Many states are stuck in a stalemate, or their bills were unable to move past legislative roadblocks. Our friends in Mississippi & South Carolina are still educating their legislators and fighting for transparency, so keep up the good work! 

In Advocacy,

Lauren Young, VP PUTT Board of Directors