Vermont H 202: An act relating to expungement and sealing of criminal history records without a petition

Bill Text

BILL AS INTRODUCED H.202
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VT LEG #380110 v.1
H.202 1
Introduced by Representative Cordes of Bristol 2
Referred to Committee on 3
Date: 4
Subject: Health; health insurance; prescription drugs; pharmacy benefit 5
managers; pharmacies; hospitals; 340B drug pricing program 6
Statement of purpose of bill as introduced: This bill proposes to prohibit a 7
pharmacy benefit manager from requiring a person covered by a health 8
insurance plan to pay more for a prescription drug than the National Average 9
Drug Acquisition Cost of the drug plus a professional dispensing fee. The bill 10
would require pharmacies to post a notice informing covered persons 11
purchasing prescription drugs that they may ask the pharmacy staff to disclose 12
certain information regarding their price options. The bill would require 13
hospitals to report to the Green Mountain Care Board annually about their 14
participation in the federal 340B drug pricing program. It would also require 15
health insurers to inform covered persons annually of the actual amount their 16
health insurance plan spent on prescription drugs on their behalf during the 17
previous year and would require all entities participating in the 340B program 18
to inform patients annually if their prescription drugs were purchased through 19
the 340B program. 20

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VT LEG #380110 v.1
An act relating to increasing the transparency of prescription drug costs and 1
spending 2
It is hereby enacted by the General Assembly of the State of Vermont: 3
Sec. 1. 18 V.S.A. § 3612 is amended to read: 4
§ 3612. PROHIBITED PRACTICES 5
* * * 6
(e)(1)(A) A pharmacy benefit manager shall not require a covered person 7
purchasing a covered prescription drug to pay an amount greater than the lesser 8
of: 9
(A)(i) the cost-sharing amount under the terms of the health benefit 10
plan, as determined in accordance with subdivision (2) of this subsection (e); 11
(B)(ii) the maximum allowable cost for the drug; or 12
(C)(iii) the amount the covered person would pay for the drug, after 13
application of any known discounts, if the covered person were paying the cash 14
price; or 15
(iv) the current National Average Drug Acquisition Cost plus a 16
professional dispensing fee in an amount equal to the professional dispensing 17
fee in effect for the Vermont Medicaid program. 18
(B) As used in subdivision (A)(iii) of this subdivision (e)(1), “cash 19
price” means the actual amount the individual would have paid if the 20
individual had purchased the drug without coverage for the drug under any 21

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VT LEG #380110 v.1
health benefit plan, which shall include the lowest possible price the individual 1
would be able to obtain by using a drug discount card. 2
* * * 3
Sec. 2. 18 V.S.A. § 3632 is added to read: 4
§ 3632. DISCLOSURE OF AVAILABILITY OF COST INFORMATION 5
In order to assure covered persons that they are receiving the best available 6
price, each pharmacy in this State shall post a notice informing covered 7
persons purchasing prescription drugs that they may ask the pharmacy staff to 8
disclose to them the following amounts, as set forth in subdivision 3612(e)(1) 9
of this chapter: 10
(1) the cost-sharing amount under the terms of the covered person’s 11
health benefit plan; 12
(2) the maximum allowable cost for the drug; 13
(3) the amount the covered person would pay for the drug, after 14
application of any known discounts, if the covered person were paying the cash 15
price; and 16
(4) the current National Average Drug Acquisition Cost plus a 17
professional dispensing fee in an amount equal to the professional dispensing 18
fee in effect for the Vermont Medicaid program. 19

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VT LEG #380110 v.1
Sec. 3. 18 V.S.A. § 9406 is added to read: 1
§ 9406. REPORTING ON PARTICIPATION IN 340B DRUG PRICING 2
PROGRAM 3
Annually on or before July 1, each hospital participating in the federal 340B 4
drug pricing program established by 42 U.S.C. § 256b shall submit to the 5
Green Mountain Care Board a report detailing the hospital’s participation in 6
the program during the previous calendar year, which report shall be posted on 7
the Green Mountain Care Board’s website and which shall contain at least the 8
following information: 9
(1) the aggregated acquisition cost for all prescription drugs that the 10
hospital obtained through the 340B program during the previous calendar year; 11
(2) the aggregated payment amount that the hospital received for all 12
prescription drugs obtained under the 340B program and dispensed to patients 13
during the previous calendar year; 14
(3) the aggregated payment amount that the hospital made to pharmacies 15
with which the hospital contracted to dispense drugs to its patients under the 16
340B program during the previous calendar year; 17
(4) the aggregated payment amount that the hospital made to any other 18
outside vendor for man