Relating to certain protected practices of pharmacists and pharmacies regarding amounts charged for prescription drugs.

There are concerns that contracts between pharmacies and pharmacy benefit management companies may prevent a pharmacy or pharmacist from disclosing whether a patient could save money by paying cash or purchasing a generic brand and that consumers often do not know other options exist. HB 698 seeks to address these concerns by protecting certain practices of pharmacists and pharmacies regarding amounts charged for prescription drugs.

HB 698 amends the Insurance Code to prohibit an issuer of a health benefit plan that covers prescription drugs or a pharmacy benefit manager from, as a condition of a contract with a pharmacist or pharmacy providing a prescription drug or in any other manner, prohibiting or otherwise restricting a pharmacist or pharmacy from or penalizing a pharmacist or pharmacy for:

• informing a covered health benefit plan enrollee that the amount the pharmacist or pharmacy charges for a prescription drug is less than the enrollee’s copayment, deductible, or coinsurance for the drug under the plan or otherwise providing information to the enrollee regarding the cost of the drug; or
• selling a prescription drug covered by the plan for an amount that is less than the enrollee’s copayment, deductible, or coinsurance for the drug under the plan.