Legislation


A 3993 (see companion bill S 2690; combined with A 2214) – New Jersey

Status: Inactive / Dead
Year Introduced: 2018
Link: https://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A3993

PROHIBITS PHARMACY BENEFIT MANAGERS FROM COLLECTING “CLAWBACK” COPAYMENTS; PROHIBITS “GAG CLAUSES” IN CONTRACTS WITH PHARMACISTS; PROVIDES CERTAIN PENALTES. A pharmacy benefits manager, in connection with any contract or arrangement with a private health insurer, prescription benefit plan, or the State Health Benefits Program or School Employees’ Health Benefits Program, shall not charge a covered person a copayment for a prescription drug benefit in an amount that exceeds the cost of the prescription drug that the pharmacy would charge to persons who do not purchase the prescription drug through their health insurance coverage. A pharmacy benefits manager shall include in any contract between the pharmacy benefits manager and a pharmacy, language that permits the pharmacy to disclose to a covered person lower cost prescription drug options, including those that are available to the covered person if the covered person purchases the prescription drug without using health insurance coverage. Violations shall be an unlawful practice and a violation of the New Jersey consumer fraud act


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