This bill is proposing the Protect Health Data Privacy Act. The act requires entities, that collect, share or store health data of consumers, to maintain a clear health data privacy policy and obtain consumer consent before collecting health data. The bill also prevents entities from discriminating against consumers if they do not provide consent for their health data to be collected or stored. The act also adds a provision for consumers to withdraw their consent and to confirm whether any of their health data is being stored or used. The bill also prohibits geofencing, the practice of sending location-based messages or alerts near health service providers.

Amends the Prior Authorization Reform Act. Provides that a health insurance issuer may not require prior authorization for a prescription drug prescribed to a patient by a health care professional for 6 or more consecutive months, regardless of whether the prescription drug is a non-preferred medication pursuant to the patient’s health insurance coverage; or for specified prescription drugs, including insulin, human immunodeficiency virus prevention medication; human immunodeficiency virus treatment medication; viral hepatitis medication; estrogen; and progesterone.

This bill introduces the Protect Health Data Privacy Act. It requires that any regulated entity must disclose and maintain a health data privacy policy which clearly enumerates specific information. The entity should not collect, share, or store health data, unless specific circumstances dictate otherwise. The bill stipulates it is illegal to sell health data without getting proper authorization from the individual the data pertains to. Furthermore, it details provisions about the consent required for the collection, sharing, and storage of health data. The bill gives consumers the right to withdraw consent from the collection, sharing, sale, or storage of their health data. It bans regulated entities from engaging in discriminatory practices against consumers who have not given their consent to the collection, sharing, selling, or storage of their health data. The bill includes consumer rights to determine if a regulated entity is collecting, selling, sharing, or storing their health data, to have a regulated entity delete their health data, and specifies prohibitions regarding geofencing and data security.

This bill revises the Prior Authorization Reform Act and proposes that health insurance issuers cannot require prior authorization in certain circumstances. These include when medication has been prescribed for a chronic, long-term, or mental health condition for at least six months or is part of an approved treatment.

Creates the Protection Against Unnecessary Health Care Costs Act. Requires the State Comptroller to establish the Drug Discount Card Program to be made available for all residents of this State. Requires the Department of Insurance to report to the General Assembly and to the Governor recommendations for establishing an outreach and education program to inform licensed physicians on when a drug patent will expire and become available in generic form, and when generic alternatives exist for drugs whose patent recently expired. Provides that on and after October 1, 2025, a pharmaceutical manufacturer that employs an individual to perform the duties of a pharmaceutical sales representative shall register annually with the Department of Financial and Professional Regulation as a pharmaceutical marketing firm. Provides that each pharmaceutical marketing firm shall provide to the Department a list of all individuals employed by the pharmaceutical marketing firm as a pharmaceutical sales representative. Sets forth provisions concerning registration; registration fees; discipline of pharmaceutical marketing firms; the Department posting a list of all individuals employed by the pharmaceutical marketing firm as a pharmaceutical sales representative; and reports by pharmaceutical marketing firms to the Department. Requires the Department of Public Health to report to the General Assembly and the Governor, an analysis of pharmacy benefit managers’ practices of prescription drug distribution