Legislation


LB 316 – Nebraska

Status: Enacted
Year Introduced: 2019
Year Enacted: 2019
Link: https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=37278

Adopt the Pharmacy Benefit Fairness and Transparency Act: requires that all pharmacy benefit managers (PBMs) doing business in Nebraska obtain certification as a Third Party Administrator under the Third Party Administrator Act, with oversight by the Nebraska Department of Insurance. Violation of these Acts shall be considered unfair trade practices pursuant to the Unfair Insurance Trade Practices Act. LB 316 allows the Director to examine the financial condition of the PBM pursuant to the Insurers Examination Act. LB 316 establishes transparency provisions for the PBMs to follow when contracting with pharmacies. PBMs are not allowed to include in their contracts with pharmacies:
(a) language that allows pharmacy benefit managers to claw back payments from pharmacies or over charge for copayments for patients,
(b) any restrictions on sharing pricing information with patients for their medications,
(c) restrictions on pharmacies mailing medications to patients at the request of the patients or mandating the use of the PBM owned mail-order pharmacies, and
(d) restrictions on pharmacies being allowed to participate in specialty and other pharmacy networks


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