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2018 Regular Legislative Session

The 2018 Regular Legislative Session convened at noon on Monday, March 12, 2018 and must convene by 6:00 p.m. on Monday, June 4, 2018.  The following report tracks bills that are relevant to pharmacy and pharmacists.  The latest activities from the previous week are highlighted in RED.


We have completed week five of the Regular Legislative Session and the legislature continues to move at a very fast pace.  The House even worked today in order to make progress on the workload.

 

The Revenue Estimating Committee met yesterday and recognized a $122.6 million surplus from last fiscal year and lowered the amount of the budget deficit. That surplus can go to fund one-time expenses through the supplemental budget. The conference adopted a new forecast for the “fiscal cliff” that will occur on July 1, 2018. Instead of the previous $994 million, the REC said federal tax rewrites will reduce that amount by $346 million, leaving the amount to be made up by the end of the fiscal year at $648 million.   So the news is not great - but it is better.

 

Activity this week includes:

HB 436, Johnson, Robert(D)

Provides relative to the regulation of pharmacy benefit managers.

This bill was voluntarily deferred in Senate Insurance  Committee this week.

 

HB 547, LeBas, Bernard(D)

Prohibits penalties for disclosure by pharmacists of certain prescription drug cost information.

This bill was voluntarily Deferred in House Insurance Committee.

 

For your review, we have provided the weekly tracking report below. We will continue to notify you about committee hearings  of interest to you. 

 

Please let us know if you have any questions, need additional information or send us your feedback on any bills of interest.

 

We look forward to working with you during this legislative session.

 


 

HB 45: Connick, Patrick (R)

Adds the term “Third-part logistics provider” and its definition to present law compromising the Uniform Controlled Dangerous Substance Law. Proposed law adds a requirement that third-party logistics providers obtain controlled dangerous substance licenses. License fee is $50.

Bill History: 3-20-18 - Referred to Senate Committee on Senate Health and Welfare

 

HB 136: Foil, Franklin (R)

Proposes to increase the minimum term of imprisonment for persons who violate the present law regarding heroin from not less than five years to not less than 20 years.

Bill History: 4-18-18 H Passed to Third Reading

 

HB 150: LeBas, Bernard (D)

Will authorize the Board of Pharmacy to waive license and certification renewal fees for the spouse of an active-duty service member.

Bill History: 4-19-18 S Sent to the Legislative Bureau

 

HB 151: LeBas, Bernard (D)

Foreign schools will not be required to be listed as “World Directory of Schools of Pharmacy.” Retains present law requiring the board to establish a mechanism of professional equivalency by which a foreign pharmacy school graduate may be approved.

Bill History: 4-19-18 S Sent to the Legislative Bureau

 

HB 153: Mack, Sherman (R)

Cyclopropylfentanyl and Deschloroketamine will be added to Schedule I and naldemedine to Schedule II of the Uniform Controlled Dangerous Substances Law.

Bill History: 4-4-18 S Referred to Senate Committee on Senate Judiciary C

 

HB 165: Mack, Sherman (R)

Law will add the definition of the term “aggregate” and will relocate criminal penalties to the penalty provisions in Schedule.

Bill History: 4-4-18 S Referred to Senate Committee on Senate Judiciary C

 

HB 185: Marino, Joseph (I)

Retains present law but relocates criminal penalties for possession with intent to distribute heroin or fentanyl to the penalty provisions in Schedule II. Proposed law further applies present penalties to violations involving the substance carfentanil.

Bill History: 2-27-18 - H Referred to House Committee on House Administration of Criminal Justice

 

HB 244: Talbot, Kirk (R)

Retains present law and proposes to change the oversight to joint regulation by DOI and LDH for all matters and further authorizes DOI to promulgate rules relative to Medicaid.

Bill History: 3-21-18 - H Voluntarily Deferred in Committee House Insurance

 

HB 257: Gaines, Randal (D)

 Law retains present law and provides a 30 day time period in which a party may appeal the decision of the medical director. Law further allows a decision on a course of treatment does not preclude a future decision on the same treatment. Law also reiterates that if an appeal is desired it shall be taken within 30 days of the medical director’s decision, failure to appeal does not preclude an injured worker from later requesting the same treatment or testing and appealing a later ruling denying it.

Bill History: 3-29-18 - H Involuntarily Deferred House Labor and Industrial Relations

 

HB 280: McFarland, Jack (R)

 New bill declares that its purpose is to provide for a consumer-driven health initiative to increase access to health services, emphasizes personal health responsibility. It promotes private market coverage, and facilitates state fiscal responsibility and efficiencies in the Medicaid program. Proposed law also defines "newly eligible adult" and will require the secretary of La. Dept. of Health (LDH) to file with the federal Medicaid agency an application to institute a demonstration Medicaid premium program which provides, at minimum for the

 following:

1: Establishing premiums through monthly contributions to personal wellness and responsibility health savings accounts for newly eligible adults with income between 100% and 138% of the federal poverty level, and who are not excluded from cost sharing by federal law.

2: Establishing premiums through monthly contributions to personal wellness and responsibility health savings accounts for newly eligible adults with income below 100% of the federal poverty level, and who are not excluded from cost sharing by federal law.

3: Requiring newly eligible adults to make minimum contributions to the health savings accounts provided for in proposed law as a condition for monies in the accounts to roll forward from year to year.

Proposed law provides that Medicaid eligibility shall be terminated if enrollee with an income between 100% and 138% of the federal poverty line does not make his required premium payment for a period of 60 days or more.

 LDH will be required to include in its application a mechanism for imposing a six-month eligibility lockout period for enrollees who fail to pay their assessed premiums, as well as a mechanism by which an enrollee may re-enroll early upon payment of the overdue premium.

Bill History:2-28-18 H Referred to House Committee on House Health and Welfare

 

HB: 326 Hensgens, Bob (R)

The proposed law makes technical, clean-up changes to the law governing the Louisiana Board of Pharmacy. 

Bill History: 3-22-18 S Referred to Senate Committee on Senate Health and Welfare

 

HB: 334 Bacala, Tony (R)/Appel (R)

Provides for implementation of managed long-term services and supports (MLTSS) program and states that MLTSS refers to the delivery of Medicaid services for individuals receiving home-and community-based services or institutional-based services and individuals at highest risk of needing those services through capitated Medicaid managed care programs that coordinate the provision of all physical, behavioral, and long-term health services.

Bill History: 3-28-18 H Voluntarily Deferred in Committee House Health and Welfare

 

HB: 336 Cox, Kenny (D)

The single-preferred drug list shall be used in the medical assistance program including Medicaid managed care programs.

Bill History: 3-29-18 H Recommitted House Appropriations

 

HB: 339 Jackson, Katrina (D)

This bill provides that in all instances a physician who practices telemedicine in La. shall not be subject to any regulatory prohibition or restriction on the practice of telemedicine, including prohibitions or restrictions related to prescribing controlled dangerous substances, which are in any manner more restrictive than the prohibitions and restrictions that are otherwise applicable to the entire practice of medicine.

Bill History: 3-27-18 H Withdrawn

 

HB: 341 Abramson, Neil (D)

Changes the filing deadline for corporate franchise tax returns from on or before the 15th day of the third month after the month in which the tax is due to on or before the 15th day of the fourth month after the month in which the tax is due.  Applicable to all corporate franchise tax years beginning on and after Jan. 1, 2019.

Bill History: 4-19-18 S Passed Over on Final Passage

 

HB: 358 Foil, Franklin (R)

Authorizes a registry and credentialing of volunteers in disaster or emergency response and provides limitations of liability for volunteers, and adds provisions governing leave from employment for volunteers deployed on a mission.  The bill also provides a leave of absence from employment, both public and private, for volunteers serving. Proposed law will also provide for a leave without loss of pay up to 15 days per calendar year for public sector employees, and provides for leave without pay up to 15 days per calendar year for private sector employees.

Companion Bill: HB 388, Hodges, Valarie

Bill History: 4-13-18 H Returned to Calendar - Subject to Call

 

 HB: 384 Talbot, Kirk (R)

The La. Department of Health will administer the Canadian Prescription Drug Importation Program created by the proposed law.

LDH will prepare and submit the following to the secretary of the U.S. Department of Health and

Human Services a letter of intent to seek approval for a program to allow for the importation of prescription drugs from Canada into the state under the applicable provisions of federal law.

Bill History: 4-5-18 H Voluntarily Deferred in Committee House Health and Welfare

 

HB: 388 Hodges, Valarie (R)

Authorizes a registry and credentialing of volunteers in disaster or emergency response and provides limitations of liability for volunteers, and adds provisions governing leave from employment for volunteers deployed on a mission.  The bill also provides a leave of absence from employment, both public and private, for volunteers serving. Proposed law will also provide for a leave without loss of pay up to 15 days per calendar year for public sector employees, and provides for leave without pay up to 15 days per calendar year for private sector employees.

Companion Bill: HB 358, Foil, Franklin

Bill History: 4-23-18 S Set on the Senate Orders

 

HB: 407 Stagni, Joe (R)

Defines “enrollee” as an individual who is enrolled in the Louisiana Medicaid Program

Medical Assistance Program.

Bill History: 3-2-18 H Referred to House Committee on House Health and Welfare

 

HB: 436 Johnson, Robert (D)

Prohibits a contract provision prohibiting a pharmacist from disclosing any relevant information to an individual purchasing prescription medication, which includes but not limited to the cost of the prescription medication, actual reimbursement to the pharmacist for the sale of the prescription medication, efficacy of the prescription medication, and the availability of any alternative medications that are less expensive than the prescription medication.

Updates the phrase "pharmacy benefits manager" to "pharmacy benefit manager."

A pharmacy benefit manager is required for every drug for which the pharmacy benefit

manager establishes a maximum allowable cost to determine the drug product reimbursement, to

make available to all pharmacies both of the following:

(1) Information identifying the national drug pricing compendia or sources used to obtain the drug price data.

(2) The comprehensive list of drugs subject to maximum allowable cost and the actual maximum allowable cost for each drug.

If the appeal is granted the pharmacy benefit manager must take the following actions:

(1) Make the change in the Maximum Allowable Cost List to the initial date of service the appealed drug was dispensed.

(2) Permit the appealing pharmacy and all other pharmacies in the network that filled

prescriptions for patients covered under the same health benefit plan to reverse and resubmit claims and receive payment based on the adjusted maximum allowable cost from the initial date of service the appealed drug was dispensed.

(3) Make the change effective for each similarly situated pharmacy as defined by the payor subject to the Maximum Allowable Cost List and individually notify all pharmacies in the pharmacy benefit manager's network.

(4) Make retroactive price adjustments in the next payment cycle.

A pharmacist or pharmacy is authorized to file a complaint with the commissioner of insurance following the final decision of the pharmacy benefit manager and provides for the investigation of the complaint.

The commissioner is authorized to impose a fee on pharmacy benefit managers, in addition to a license and annual report fee, in order to cover the costs of implementation.

Bill History: 4-16-18 S Removed from hearing 04/18/18 - Senate Insurance

 

HB: 492 Bagley, Larry (R)

Requires pharmacists to report to the when refills of certain psychiatric medications go un-dispensed.

(1) The prescriber who prescribed the medication to the patient.

(2) Any person listed in the records of the pharmacy as a family member contact or other designated contact for the patient.

Bill History: 4-11-18 H Voluntarily Deferred in Committee House Health and Welfare

 

HB: 510 Barras, Taylor (R)

Requires the commissioner of administration to fully implement the LaGov statewide enterprise resource planning financial system by Oct. 1, 2021.

The expenditure database is to provide reports of state spending of all budget units contained in the executive budget.

Designates the website as the Louisiana Checkbook and requires it to be searchable, to have an easily identifiable internet address, and a dedicated link that is displayed on the home page of certain state government websites.

The commissioner of administration is to implement the checkbook no later than July 1, 2019. Requires the commissioner of administration to report to the state treasurer and the JLCB quarterly on the status of implementation of the checkbook and the estimated completion dates of its components before full implementation.

Bill History: 4-23-18 H Meeting set for 9:00 A.M. Rm. 5 - House Appropriations

 

HB: 528 Henry, Cameron (R)

Defines the term “governmental function” to mean the administration or management of a public agency’s program by a person receiving funding from the public agency to manage or administer the program or the public agency regulates the person’s management or administration of the program. Further provides that the term shall not mean the provision of goods or services without the delegated responsibility of managing or administering the program.

 Effective July 1, 2018.

Bill History: 4-24-18 H Meeting set for 9:00 A.M. Rm. 5 - House Appropriations

 

HB: 535 Smith, Patricia (D)

Changes the commission’s name to the “La. Commission on HIV/AIDS Education, Prevention, and Treatment”.

Changes the composition of the board to decrease the number of members from 36 to 27.

Bill History: 3-15-18 H Substituted by HB 704

 

HB:547 LeBas, Bernard (D)

Bans the practice known informally as the "gag rule on pharmacists" by prohibiting penalties on pharmacists for disclosure of certain information on the cost of prescription drugs.  The bill prohibits health insurers and pharmacy benefit managers from requiring an individual to make a payment at the point of sale for a covered prescription medication in an amount in excess of the least of the following amounts: (1) The applicable copayment for the prescription medication. (2) The allowable claim amount for the prescription medication. (3) The amount that an individual would pay for the prescription medication if he purchased the medication without using a health plan or any other source of prescription medication benefits or discounts.

Bill History: 4-17-18 H Voluntarily Deferred in Committee House Insurance

 

HB:548 Miller, Dustin (D)

Requires prescribers to transmit drug prescriptions to pharmacies electronically.

Provides the following as exceptions to electronic prescriptions:

            (1) Veterinarians.

            (2) Circumstances where electronic prescribing isn’t available due to temporary technological or electrical failure.

            (3) By a practitioner to be dispensed by a pharmacy located outside the state.

            (4) When the prescriber and dispenser are the same entity.

            (5) Elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT   

            Standard.

            (6) Issued by a practitioner for a drug that the federal Food and Drug Administration requires the prescription to contain certain elements that aren’t able to be        accomplished with electronic prescribing.

            (7) By a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, in response to a public health      emergency, or other circumstances where the practitioner may issue a non-patient specific prescription.

            (8) By a practitioner prescribing a drug under a research protocol.

            (9) By practitioners who have received a waiver or a renewal from the requirement to use electronic prescribing.

            (10) By a practitioner under circumstances where, the practitioner’s present ability to make an electronic prescription as required by this Subsection, the practitioner       reasonably determines that it would be impractical for the patient to obtain substances   prescribed by electronic prescription in a timely manner, and the delay would adversely        impact the patient’s medical condition.

Adds fine of $250 per violation of violators of this provision. The fine will not exceed $1000.

Places the duty of enforcement of proposed law on the Louisiana Board of Medical Examiners, Louisiana Board of Pharmacy, and the Louisiana Board of Dentistry.

Allows the boards to establish rules to carry out proposed law.

Bill History: 4-11-18 H Returned to calendar - Subject to Call

 

HB: 579 James, Ted (D)

Provides that licensed physicians may recommend marijuana or marijuana preparations for therapeutic use for patients suffering from a debilitating medical condition.

Provides that licensed pharmacists may dispense marijuana preparations and marijuana paraphernalia to patients enrolled in the state-sponsored medical marijuana program in Louisiana, their caregivers, and minor patients’ domiciliary parents.

Adds to the list: glaucoma, severe muscle spasms, intractable pain, and post traumatic stress disorder.

Adds and defines intractable pain as a pain state in which the cause of the pain cannot be removed or otherwise treated with the consent of the patient and which, in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts. It is pain so chronic and severe as to otherwise warrant an opiate prescription.

Bill History: 4-17-18 S Referred to Senate Committee on Senate Health and Welfare

 

HB: 607 Seabaugh, Alan (R)

The Commissioner of Insurance has the authority to examine certain regulated entities.  This bill would authorize the commissioner to order an investigatory hearing for the purposes of obtaining additional information and would provide for appellate review of certain administrative actions by the commissioner of insurance in the 19th Judicial District Court.

Bill History:4-19-18 S Sent to the Legislative Bureau

 

HB: 608 Seabaugh, Alan (R)

Authorizes the examination of any person regulated by or required to be licensed by or registered with the Dept. of Insurance and this would include Pharmacy Benefit Managers.

Bill History:4-19-18 S Sent to the Legislative Bureau

 

HB: 627 Lyons, Rodney (D)

Retains present law and adds the following conditions associated with autism spectrum disorder as conditions for which physicians may recommend treatment with medical marijuana:

            (1) Repetitive or self-stimulatory behavior of such severity that the physical health of the person with autism is in danger.

            (2) Avoidance of others or inability to communicate to such a severe extent that the physical health of the person with autism is in danger.

            (3) Self-injuring behavior.

            (4) Physically aggressive or destructive behavior.

Bill History:4-10-18 S Referred to Senate Committee on Senate Health and Welfare

 

HB: 704 Smith, Patricia (D)

Provides for changes in the name, composition, and termination date of the La. Commission on HIV, AIDS, and Hepatitis C.

Bill History: 3-28-18 S Referred to Senate Committee on Senate Health and Welfare

 

HB: 710 Hollis, Paul (R)

Prohibits a manufacturer or wholesale distributor from engaging in unrestrained price increases in the sale of an essential off-patent or generic drug.

Bill History: 4-5-18 Voluntarily Deferred in Committee House Health and Welfare

 

HB: 734 McFarland, Jack (R)

Requires the La. Dept. of Health to report data on healthcare provider claims submitted to Medicaid managed care organizations.

Bill History: 4-4-18 S Referred to Senate Committee on Senate Health and Welfare

 

HB: 748 Emerson, Julie (R)

Proposed law provides for the following legislative policies: (1) The rights of an individual to pursue a lawful occupation is a fundamental right. (2) When the state finds it necessary to displace competition, it shall use the least restrictive regulation to protect consumers from present, significant, and empirically substantiated harms threatening public health and safety.

Bill History: 4-11-18 S Referred to Senate Committee on Senate Commerce

 

HB: 755 Miller, Dustin (D)

Authorizes each public and nonpublic school governing authority to adopt a policy relative to the supply and administration of naloxone and other opioid antagonists

Bill History: 4-19-18 S Referred to Senate Committee on Senate Education

 

HB: 826 Hunter, Marcus (D)

Requires that a minimum proportion of the state's marijuana pharmacy licenses be granted to minority-owned businesses.

Bill History: 4-18-18 H Passed to third reading

 

HB: 827 Hunter, Marcus (D)

Extends the termination date of law authorizing recommendation or prescription of medical marijuana.

Bill History: 4-11-18 H Voluntarily Deferred in Committee House Health and Welfare

 

SB: 26 Mills (R)

Requires hospice providers to dispose of controlled substances upon the death of the hospice patient by disposing of them on site or through a sealed mail-back envelope provided by a registered authorized collector by the U.S Drug Enforcement Administration.

Bill History: 4-16-18 H Passed to third reading

 

SB: 27 Mills (R)

Provides for the committee membership nominations by state health profession licensing boards.

Provides opportunity for replacement of committee members upon absence from two consecutive meetings.

Provides for the department to nominate a replacement member if the nominating organization does not do so within 30 calendar days of notice that its nominee has been removed from the committee.

Bill History: 4-16-18 H Passed to third reading

 

SB: 28 Mills (R)

Exempts veterinarians and certain pharmaceutical marketers of prescription drugs manufactured exclusively for nonhuman consumption from the provisions established in present law regarding disclosure of prescription drug price information.

Exempts veterinarians from accessing the prescription monitoring program prior to prescribing an opioid and ever 90 days if the course of treatment continues.

Exempts veterinarians from continuing education requirements for prescribers of controlled dangerous substances.

Bill History: 4-23-18 H Set on the House Orders

 

SB: 29 Mills (R)

Requires the Louisiana Board of Pharmacy and the Louisiana State Board of Medical Examiners to develop a single uniform prescription drug prior authorization form for all health insurance issuers, Medicaid managed care organizations, and their respective pharmacy benefit managers.

Authorizes the Department of Insurance, under their regulatory authority in Title 22 and the Department of Health pursuant to its contracts with Medicaid managed care organizations to enforce sanctions for failure to comply with the requirement of using only the single uniform prescription drug prior authorization form.

Implements the use of the single uniform prescription drug prior authorization from on and after January 1, 2019.

Bill History: 4-26-18 H Meeting set for 9:00 A.M. Rm. 5 House Health and Welfare

 

SB: 35 Smith (R)

Provides that any person subject to the regulatory authority of the Commissioner of Insurance who fails to comply with any directive issued by the commissioner in connection with a consumer complaint me be fined an amount not to exceed $250.00 for each occurrence.

Deletes the provision entitling the person aggrieved to a hearing upon application pursuant to present law.

Effective August 1, 2018.

Bill History: 4-18-18 G Enrolled

 

SB: 40 Mills (R)

Updates the transfer of agencies to the Louisiana Department of Health (LDH) provisions to remove repealed and obsolete cites and references and categorizes those entities statutorily created with the department.

Requires the board to send notice of its licensees to fill open board positions and submit the names of those eligible and interested in serving to the governor for board appointment.

Effective August 1,2018.

Bill History: 4-26-18 H Meeting set for 9:00 A.M. Rm. 5 - House Health and Welfare

 

SB: 75 Boudreaux (D)

Provides that the health profession licensing board will give the prescriber notice and opportunity to come into compliance with the statutory PMP requirements upon the prescriber’s first failure to comply and will consider second and subsequent failures to comply as a complaint against the licensee.

Effective August 1 ,2018.

Bill History: 4-25-18 H Meeting set for 9:00 a.m. Rm. 5 - House Health and Welfare

 

SB: 76 Boudreaux (D)

Will make the present law applicable to all hospitals. Modernizes the language to include any controlled dangerous substance that has not been prescribed or recommended in accordance with the Uniform Controlled Dangerous Substances Law.

Effective August 1, 2018.

Bill History: 3-20-18 H Referred to House Committee on House Administration of Criminal Justice

 

SB:109 John (R)

Adds an LDH epidemiologist to the list for the purpose of assisting the Louisiana Board of Pharmacy with public health evaluations to support public policy and education.

Effective August 1, 2018.

Bill History: 4-19018 H Passed to third reading

 

SB: 110 John (R)

Retains present law and adds drugs whose use requires tracking for public health purposes.

Effective August 1, 2018.

Bill History: 4-19-18 H Passed to third reading.

 

SB: 119 Morrell (D)

Authorizes the secretary of the Department of Revenue to also supply taxpayer information to the Department of Health’s Medicaid fraud unit as necessary for the purposes of verification of eligibility for Medicaid. Provides that the sharing with the division of administration the total amount of tax credits claimed by taxpayers for the purpose of publication on the state’s fiscal transparency website as follows:

            (1) The name of all taxpayers claiming $250,000 or more of total tax credits during the    previous tax year including the state of incorporation for taxpayers filing Louisiana       corporation income and franchise tax returns.

            (2) The information will not show the specific amount of tax credits claimed by a taxpayer, nut will be reported by range with increments of not more than $500,000,             beginning with $250,000.

Effective upon the signature of the governor or lapse of time for gubernatorial action.

Bill History: 3-22-18 H Referred to House Committee on House Ways and Means

 

SB: 121 Perry (R)

Provides that a licensed pharmacist who is a member of a board of commissioners for any hospital service district within a parish with a population of 125,000 or less may contract  with the hospital over which the board has jurisdiction, and may subcontract with another provider who contracts with such hospital or pharmacy, or may own an interest in and entity that contracts with such hospital. Further provides that a licensed pharmacist must recuse themselves from participating in any transaction before the board relating to any contracts entered into by them, or by a provider with which they subcontract, or by any entity in which they own an interest.

Effective August 1, 2018.

Bill History: 4-11-18 S Voluntarily Deferred in Committee Senate and Governmental Affairs

 

SB: 130 Mills (R)

Requires Medicaid pharmacy benefit manager contracts to be limited to a set per transaction rate for every pharmacy claim paid. It prohibits pharmacy benefit managers from retaining federal drug rebates or “spread pricing” amounts more than what they paid the pharmacist. Requires Louisiana Department of Health (LDH) to amend current contracts to comply with these requirements. Requires LDH to terminate the contract of any managed care organization or pharmacy benefit manager who does not wish to adhere to the contract requirements and issue a request for proposal to other pharmacy benefit managers.  Requires LDH, after August 1, 2018, to issue separate requests for proposal for a single pharmacy benefit manager after issuing requests for proposal for Medicaid managed care organizations. Allows LDH to issue a request for proposal for a single pharmacy benefit manager sooner so long as it complies with the Louisiana Procurement Code and the contracting requirements of the proposed law. Effective August 1, 2018.

Bill History: 4-26-18 H Meeting set for 9:00 A.M. Rm. 5 - House Health and Welfare

 

SB: 131 Mills (R)

Updates certain terminology regarding the education, professional experience, criminal background check, and application forms required for licensure. Provides for issuance of a license in 14 working days once the applicant successfully complies with the licensing requirements.  Updates certain terminology regarding the pharmacist’s license in another state being in active status, passing all exams required by the board, and investigations of the applicant’s original and subsequently acquired licenses in other states. Effective August 1, 2018.

Bill History: 4-16-18 H Passed to third reading

 

SB: 134 Mills (R)

Provides that a patient may request that the pharmacist dispense less of a Schedule II drug than the amount indicated in the prescription. Effective August 1, 2018.

Bill History: 4-16-18 H Passed to third reading

 

SB: 145 Smith (D)

Present law requires Medicaid managed care organizations to complete the credentialing process within 90 days from the date in which they receive a completed application. Proposed law requires this process to be complete within 45 days.    Proposed law requires the time lines of proposed law to apply to any contracts or subcontracts entered into by the managed care organizations or the Louisiana Department of Health for provider credentialing services.

Bill History: 2-28-18 S Withdrawn

 

SB: 189 LaFleur (D)

Retains present law and provides for electronic prescriptions for non-controlled legend drugs and the information required to ensure security and authenticity of an electronic prescription.

Effective August 1, 2018.

Bill History: 3-22-18 S Substituted by SB 477

 

SB: 226 Milkovich (D)

Requires a pharmaceutical drug manufacturer to remit a combination of federal and state supplemental rebates in an amount that will make the net cost of the drug no more than is available to other enumerated entities in order for the drug to be included on the Medicaid preferred drug list. Effective August 1, 2018.

Bill History: 4-18-18 S Voluntarily Deferred in Committee Senate Health and Welfare

 

SB: 241 Morrell

 (D)

Prohibits pharmacy benefit managers licensed in Louisiana from imposing “gag orders” by contract on pharmacies or pharmacists which prevent them from being able to inform patients of cheaper alternatives when filling their prescription drug. Prohibits such requirements in contracts and retroactively makes null and void any such requirements in place on August 1, 2018. Authorizes pharmacists to inform patients that a cheaper alternative may be available, including cash payment if a cash payment is cheaper than the patient’s insurance co-payment or deductible amount. Provides immunity for a pharmacist who does not provide the information to a patient. Effective August 1, 2018.

Bill History: 4-19-18 H Passed to third reading

 

SB: 260 Milkovich

 (D)

Allows a person who has a disciplinary action brought against him by a professional licensing board or commission to elect to have the matter moved to the division of administrative law for a disciplinary judgement by an administrative law judge. Requires that the notification to a person by a board or commission of pending disciplinary action against him will include language advising him that he may choose to have the matter heard by an administrative law judge. Provides that the notice from the board to the person will also advise the person that he has 30 days from receipt of the notice to let the board know, in writing, whether or not he chooses to have the matter heard by an administrative law judge(alj).   Effective August 1 ,2018.

Bill History: 4-23-18 H Set on the House Orders

 

SB: 262 Gatti (R)

Removes the limit of the 30-day only requirement for gubernatorially declared disasters or emergencies.  Allows the governor during a gubernatorially declared disaster or emergency to suspend liberative prescription and preemptive periods for all legal proceedings by executive order or proclamation, and to extend the period in which residents may file a claim against an insurer pursuant to R.S. 22:868 by executive order or proclamation.

Bill History: 4-4-18 S Returned to the calendar - subject to call

 

SB: 277 Claitor (R)

Provides that no proceeding for disciplinary action may commence prior to receipt by the Board of a complaint as provided for in present law. Effective August 1. 2018.

Bill History: 4-25-18 H Meeting set for 9:00 A.M. Rm. 5 - House Health and Welfare

 

SB: 282 Mills (R)

Requires certain health insurance issuers to notify enrollees that they are subject to an excess consumer cost burden when they are charged more for a prescription drug than their insurer pays or would pay after considering drug rebates from the drug manufacturer into the total cost of the drug. Requires certain health insurance issuers to certify to the commissioner of insurance that they passed on to the consumer at least 50% of the rebates received from drug manufacturers. Provides that in making this certification all information given to the commissioner shall be confidential. Provides for enforcement against the pharmacy benefit manager’s license for failure to comply with proposed law. Applies to pharmacy benefit managers participating in the Medicaid program. Effective August 1, 2018.

Bill History: 4-26-18 H Meeting set for 9:30 A.M. Rm. 2 - House and Governmental Affairs

 

SB: 283 Mills (R)

Requires LDI to have a designated location on their website to publish pharmacy benefit manager information, including the formulary and timely notification of formulary changes by each licensed pharmacy benefit manager. Requires pharmacy benefit managers to issue an annual transparency report that discloses collective data on rebates received from drug manufacturers, administrative fees, and collective rebates received that did not pass through to the health benefit plan or insurer. Requires LDI to publish the transparency report within ten days of receipt from the pharmacy benefit manager. Provides for enforcement against the pharmacy benefit manager’s license for failure to comply with proposed law. Applies to pharmacy benefit managers participating in the Medicaid program. Provides for an exception to the public records act. Effective August 1, 2018.

Bill History: 4-26-18 H Meeting set for 9:30 A.M. Rm. 2 - House and Governmental Affairs

 

SB: 285 Smith (D)

Prohibits a health insurance issuer from denying coverage of a non-opioid prescription drug in favor of an opioid prescription drug. Provides that when opioids are deemed medically necessary by a licensed physician, it shall be unlawful for an insurer to deny a physician prescribed medication and recommend an alternative prescription which requires any of the following:

            (1) An increased number of pills per prescription.

            (2) A higher Drug Enforcement Administration schedule medication than the one prescribed.

            (3) The substitution of a medication that does not have defined abuse deterrent properties for a prescription of a medication that does have defined abuse deterrent properties.

Effective August 1, 2018.

Bill History: 4-25-18 H Meeting set for 10:00 A.M. - House Insurance

 

SB: 324 Mills (R)

Prohibits any contract entered into in this state between an insurer, a pharmacy benefit manager, or any other entity and a pharmacist or pharmacy from containing a provision prohibiting the pharmacist from disclosing any relevant information to an individual purchasing prescription medication. Further provides that any provision of a contract which violates the requirements of proposed law shall be unenforceable and constitutes an unfair trade practice pursuant to present law. Effective January 1, 2019.

Bill History: 3-12-18 S Recommitted Senate Health and Welfare

 

SB: 351 Thompson (D)

Requires the Medicaid managed care organization credentialing process to be complete within 45 days or completed application. Requires Medicaid managed care organizations to inform applicant of all defects and reasons the application can’t be completed within 15 days of receiving completed application. Requires a managed care organization to inform the provider of any missing application information within 30 days of the request for the information. Requires the time lines of proposed law to apply to any contracts or subcontracts entered into by the managed care organizations or the Louisiana Department of Health for provider credentialing services. Effective August 1, 2018.

Bill History: 3-2-18 S Referred to Senate Committee on Senate Health and Welfare

 

SB: 357 Alario (R) Amedee, Beryl (R)

Provides legislative intent to establish MLTSS, Medicaid managed long-term care program, for seniors who receive or are at a high risk for receiving long-term services in the community or in an institution. Establishes legislative intent to improve access and provide choices for seniors receiving long-term services. MLTSS program applies to the elderly and individuals with adult-onset disabilities and dual-eligibles who receive Medicaid and Medicare and are not receiving long-term care.

Bill History: 3-27-18 S Involuntarily Deferred Senate Health and Welfare

  

SB: 368 Boudreaux

Adds advanced practice registered nurses and physician assistants among the providers who have current prescriptive authority and requires all prescriptions to be issued electronically on and after January 1, 2019. Authorizes the Louisiana Board of Pharmacy to distribute rules governing electronic prescribing. Provides ten exceptions to when a prescription must be electronic. Provides for hardship waiver as one of the ten exceptions. The hardship waiver can’t be granted for more than one year. Authorizes the health profession licensing boards who regulate prescribers to distribute rules governing the hardship waiver. Provides that a pharmacist isn’t required to verify that a prescriber has properly fulfilled one of the included exceptions to mandatory electronic prescribing if he receives a written, oral, or faxed prescription.  Provides that all pharmacists, upon filling any prescription, will first write or print the name of the patient on the label which shall be securely attached to the bottle, box, or package containing the medicine or drugs prescribed. Effective August 1, 2018.

Bill History: 4-4-18 S Voluntarily Deferred in Committee Senate Health and Welfare

 

SB: 477 LaFleur (D)

Proposed law adds a definition for chart order with respect to electronic prescribing of noncontrolled legend drugs and also provides for bilateral transmission of prescriptions

Bill History: 4-19-18 H Passed to third reading

 

SB: 494 Thompson (D)

Proposed law provides for the following legislative policies: (1) The rights of an individual to pursue a lawful occupation is a fundamental right. (2) When the state finds it necessary to displace competition, it shall use the least restrictive regulation to protect consumers from present, significant, and empirically substantiated harms threatening public health and safety.

Bill History: 3-28-18 S Referred to Senate Committee on Senate Commerce

 

SB: 517 Mills (R)

Provides relative to qualified health plan prescription drug coverage.

Bill History: 4-18-18 S No action taken in committee - Senate Insurance

 

SB: 528 LaFleur (D)

Provides relative to physician assistants.

Bill History: 4-25-18 H Meeting set for 9:00 A.M. Rm. 5 - House Health and Welfare

  

SB: 550 Colomb (D)

Requires that levels of THC be carefully monitored in order to ensure optimal therapeutic values for medicines produced from any lawfully cultivated Cannabis plants.

Bill History: 4-4-18 S Referred to Senate Committee on Senate Health and Welfare



Resources

 

Legislative Committee Schedules  |  LA Senators by Committee  |  LA Representatives by Committee  |  Legislature Homepage

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Legislative Reports and Updates

Item Name Posted By Date Posted
2017 Legislative Session Final Report PDF (109.32 KB) Administration 3/28/2018
2016 Legislative Session Final Report PDF (692.24 KB) Administration 3/28/2018
2015 General Election Results PDF (213.97 KB) Administration 11/24/2015

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