House Bill 17-09, presented by Senator Dan Sullivan on behalf of a sponsor in the House, would require certain rebates negotiated by manufacturers and PBMs to be returned to the consumer at the pharmacy point of sale, with implementation effective January 2022 to allow stakeholders time to adjust.
Leo Houser representing PhRMA testified in opposition, saying the bill as written could not be implemented operationally, would interfere with PBM and insurer contracts and recommended the committee consider language similar to West Virginia's law that requires PBMs to share negotiated rebates with patients at the pharmacy counter. He also noted that the bill as amended excluded Medicaid but that language might not fully exempt certain Medicaid-related programs without additional drafting.
Senator Sullivan framed the bill as returning rebates to patients at the point of sale to lower out-of-pocket costs, and the committee ultimately passed the bill by voice vote after hearing opposition; the transcript contains no committee roll call.