New Hampshire SB 665: relative to pharmacy benefits managers, managed care laws, notice of drug pricing options and pharmacy benefit manager business practices.

Bill Text

SB 665-FN - AS AMENDED BY THE SENATE

03/26/2026 1047s

03/26/2026 1239s

03/26/2026 1129s

2026 SESSION

 26-3266

 07/09

SENATE BILL 665-FN

AN ACT relative to pharmacy benefits managers, managed care laws, notice of drug pricing options and pharmacy benefit manager business practices.

SPONSORS: Sen. Ricciardi, Dist 9; Sen. Long, Dist 20; Sen. Watters, Dist 4; Sen. Rosenwald, Dist 13; Sen. Fenton, Dist 10; Sen. Gannon, Dist 23; Sen. Reardon, Dist 15; Sen. McConkey, Dist 3; Sen. Rochefort, Dist 1; Sen. Pearl, Dist 17; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Perkins Kwoka, Dist 21; Rep. Kuttab, Rock. 17; Rep. W. MacDonald, Rock. 16; Rep. Rombeau, Hills. 2; Rep. L. Foxx, Hills. 2

COMMITTEE: Health and Human Services

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AMENDED ANALYSIS

 This bill:

 I. Requires written agreement to be formed between pharmacy benefits managers and health carriers before benefits managers can operate.

 II. Amends pharmacy benefits manager reporting and examination requirements.

 III. Raises the value of the maximum administrative fine that can be levied for violations of the state's pharmacy benefits manger laws.

 IV. Requires pharmacies to make efforts to notify consumers of their right to request the lowest available price for prescription drugs. 

 V. Prohibiting health carriers or pharmacy benefit managers from penalizing, requiring, or providing, financial incentives to covered persons as incentives to use specific retail, mail order pharmacy, or another network pharmacy provider that is an affiliate of the pharmacy benefit manager.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/26/2026 1047s

03/26/2026 1239s

03/26/2026 1129s 26-3266

 07/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to pharmacy benefits managers, managed care laws, and notice of drug pricing options.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Pharmacy Benefits Managers; Definitions. Amend RSA 402-N:1, VIII to read as follows: 

 VIII.(a) "Pharmacy benefits manager" means a person, business, or other entity, including a wholly or partially owned or controlled subsidiary of a pharmacy benefits manager or licensed health insurer, that, pursuant to a contract with a health carrier, manages the prescription drug coverage provided by the health carrier for health coverage as defined in RSA 420-G:2, IX, including, but not limited to, providing claims processing services for prescription drugs, performing drug utilization review, processing drug prior authorization requests, adjudication of grievances or appeals related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs. 

 (b) "Pharmacy benefits manager" shall not include any: 

 (1) Health care facility licensed in this state;

 (2) Health care professional licensed in this state;

 (3) Consultant who only provides advice as to the selection or performance of a pharmacy benefits manager; or

 (4) Service provided to the Centers for Medicare and Medicaid Services[; or].

 [(5) Health insurer licensed in this state if the health insurer or its subsidiary is providing pharmacy benefits management services exclusively to its own insureds.] 

 2 Pharmacy Benefits Managers; Registration to do Business; Rulemaking; Penalties. Amend RSA 402-N:2, III to read as follows: 

 III. If the commissioner finds after notice and hearing that any person has violated any provision of this chapter, or [rules adopted pursuant to this chapter] insurance laws of this state, the commissioner may order: 

 (a) [For each separate violation, a penalty in the amount of $2,500] An administrative fine not to exceed $10,000 per violation. Each day of non-compliance shall be considered a separate violation. 

 (b) Revocation or suspension of the pharmacy benefits manager registration. 

 3 New Section; Written Agreements. Amend RSA 402-N by inserting after section 2 the following new section: 

 402-N:2-a. Written Agreement. 

 I. No pharmacy benefits manager shall act as such without a written agreement between the pharmacy benefits manager and the health carrier. The written agreement shall be retained as part of the official records of both the health carrier and the pharmacy benefits manager for the duration of the agreement and for 5 years thereafter. The agreement shall contain all provisions required by this chapter, except insofar as those requirements do not apply to the functions performed by the pharmacy benefits manager. 

 II. The written agreement