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2019 Regular Legislative Session

The 2019 Regular Legislative Session convened at noon on Monday, April 8, 2019 and must convene by 6:00 p.m. on Thursday, June 6, 2019.  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 six of the Regular Legislative Session and we now getting close to the end.

 

The main Highlight this week was SB 41:

 

SB 41 by Sen. Fred Mills re the regulation of PBM’s passed favorably in House Health and Welfare this week with extensive amendments. Most of the amendments were  technical but there were several substantive amendments relative to dual regulation of PBM’s by the Department of Insurance and the Board of Pharmacy. 

 

The bill in its original form sought to eliminate spread pricing. There was much discussion about spread pricing and the compromise amendment includes notification of spread pricing instead of elimination.

 

The bill will now move to the House floor for final passage and is scheduled for floor debate on 5.30.19.

 

As always, Senator Fred Mills, Representative Bernard LeBas, Randall Johnson and LIPA members did a great job in their testimony and grassroots efforts.  

 

For your review, we have provided the weekly tracking report below and these will be emailed to you every Friday through the end of Session. 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 101 by Representative, Harris, Jimmy (D)

This bill would requires the office of state police to create the La. Voluntary Do Not Sell List, which prohibits persons on the list from purchasing a firearm and prohibits persons from selling a firearm to a person known to be on the list, and further provides for the confidentiality of the list and registration information.

Bill History:  03-21-19 H Referred to House Committee on House Appropriations

 

HB 103: Leger, Walt (D)

This bill would provide for the ordinary operating expenses of state government for Fiscal Year 2019-2020.

Bill History:  05-07-19 H Voluntarily Deferred in Committee House Appropriations

 

HB 104: Leger, Walt (D) (companion bill: HB105)

This bill would appropriate funds and provides for ancillary expenses of state government, including internal service funds, auxiliary accounts, and enterprise funds.

Bill History:  03-21-19 H Referred to House Committee on House Appropriations

 

HB 105: Henry, Cameron (R)

This bill would provide for the ordinary operating expenses of state government for Fiscal Year 2019-2020.

Bill History: 05-21-19 H Set on the House Orders

 

HB 109: Henry, Cameron (R)

This bill would appropriate funds and provides for ancillary expenses of state government, including internal service funds, auxiliary accounts, and enterprise funds.

Bill History: 05-30-19 S Passed (Vote: 38/N: 0)

 

HB 119: Bishop, Stuart (R)

This bill would require an insurer to provide a prescriber with a list of alternative disease-specific formulary medications upon denial of a prescription based upon step therapy or fail first protocols or nonformulary status.

Bill History: 05-30-19 H Set on the House Orders

 

HB 138: Connick, Patrick (R)

This bill would amend the definition of "marijuana" to no longer include hemp, define "hemp", and add certain substances to Schedule I of the Uniform Controlled Dangerous Substances Law.

Bill History: 05-31-19 S Set on the Senate Orders

 

HB 169: Hoffmann, Frank (R)

This bill would authorize the La. State Board of Medical Examiners to create and maintain a data system for collection of information on health effects and outcomes associated with medical marijuana.

Bill History: 05-31-19 S Set on the Senate Orders

 

HB 207:  Amedee, Beryl

This bill would require the provision of information to patients, or parents of patients who are minors, prior to administration of an immunization or a vaccine.  It would require that prior to administering an immunization or a vaccine to a patient, the physician, physician assistant, registered nurse, practical nurse, or pharmacist administering the immunization or vaccine shall provide to the patient, or, if the patient is a minor, the parent or guardian of the patient, thorough written information that addresses, at minimum, all of the following:

(1) The diseases or conditions that the immunization or vaccine is intended to prevent or treat.

(2) The effectiveness of the immunization or vaccine.

(3) Any contraindications associated with the immunization or vaccine.

(4) The possible side effects of the immunization or vaccine.

(5) The ingredients of the immunization or vaccine.

(6) Instructions for submitting a report to the federally managed Vaccine Adverse Events Reporting System

Bill History: 05-07-19 H Voluntarily Deferred in Committee House Health and Welfare

 

HB 242: LeBas, Bernard (D)

This bill would provide that health insurance issuers and pharmacy benefit managers may not hold a pharmacy or pharmacist responsible for any fees related to claims that are not apparent at the time of claim processing, are not reported on the remittance advice of an adjudicated claim, or after the initial claim is adjudicated.  Health insurance issuers and pharmacy benefit managers are prohibited from assessing any fee that meets any of the above criteria.

Bill History: 05-30-19 G Enrolled

 

HB 243: Miller, Dustin (D)

This bill would add and further guidelines and directives in carrying out the Sanitary Code. It would add directives for real-time emergency department reporting of suspected opioid-related overdoses and adds these overdoses to state health officer’s jurisdiction. And it would require a coroner report when results indicate opioids were present at time of death. The bill would further define first responders and provide they may provide reports or documents to LDH regarding opioid overdose of an encountered individual.  It also would provide that these records are exempt from public records law.

Bill History: 05-31-19 S Set on Senate Orders

 

HB 250: Davis, Paula (R)

This bill would require residential treatment facilities licensed pursuant to the Behavioral Health Services Provider Licensing Law to provide access to medication-assisted treatment for patients with opioid use disorder.  It would require LDH to track and report provider compliance and to offer assistance to providers. Each provider will submit a progress report to LDH.

Bill History: 05-30-19 S Set on the Senate Orders

 

HB 284: Abraham, Mark (R)

This bill would institute requirements that any practitioner who writes a prescription for more than a seven day supply of opioids shall clearly state the quantity of opioid needed for treatment, and that the prescription is not subject to the limit provided in present law. Compliance failures will be subject to disciplinary action by the health profession licensing board. Patients shall be dispensed full quantity prescriptions unless otherwise requested by the patient.

Bill History: 05-31-19 S Set on the Senate Orders

 

HB 358: James, Ted (D)

This bill would revise current law so that physicians do not have to be domiciled in this state to recommend medical marijuana and deletes prohibition on medical marijuana in inhalation form.

Bill History: 05-29-19 S Passed Over on Final Passage

 

HB 375: Turner, Chris (R)

This bill would authorize the Louisiana Board of Pharmacy to perform a criminal history records check on applicants for controlled dangerous substance licenses.

Bill History: 05-29-19 S Passed (Vote: Y: 33 / N: 0)

 

HB 424: Stagni, Joe (R)

This bill would define the term "prior authorization" to mean any situation in which the La. Dept. of Health (LDH) or a managed care organization (MCO) does not fully approve of services or items being requested by a healthcare provider, including any situation in which a service or item other than the exact service or item requested is approved.  This bill would also provide that when a claim is denied by the MCO based upon an opinion or interpretation by the MCO of a law, regulation, policy, procedure, or medical criteria or guideline, then the MCO shall include a copy of that source in the remittance advice or an equivalent notice of the claim denial.  It would also require that if LDH or an MCO denies a prior authorization request, then LDH or the MCO shall provide written notice to the provider requesting the prior authorization of the denial within three business days of making the decision.

Bill History: 05-29-19 G Enrolled

 

HB 432: Jordan, Edmond (D)

The bill would provide for the licensing and regulation of pharmacy services administrative organizations which are defined as an entity operating within the state that does all of the following:

(i) Contracts with independent pharmacies to conduct business on their behalf with third-party payers.

(ii) Provides administrative services to pharmacies and negotiates and enter into contracts with third-party payers or pharmacy benefit managers on behalf of pharmacies.

 

The bill further defines a pharmacy services administrative organization if it performs one or more of the following administrative services to pharmacies:

(i) Assistance with claims.

(ii) Assistance with audits.

(iii) Centralized payment.

(iv) Certification in specialized care programs.

(v) Compliance support.

(vi) Setting flat fees for generic drugs.

(vii) Assistance with store layout.

(viii) Inventory management.

(ix) Marketing support.

(x) Management and analysis of payment and drug dispensing data.

(xi) Provision of resources for retail cash cards

Bill History: 05-15-19 H Voluntarily Deferred in Committee House Insurance

 

HB 433: LeBas, Bernard (D)

This bill would authorize any pharmacy or pharmacist can decline to dispense a covered drug , device, or service if the pharmacy or pharmacist is paid less than the acquisition cost of the drug, device, or service. The customer will be provided with adequate information on where to fill the prescription by the pharmacy in the event of a declination. It would also prohibit PBM’s from retaliating against the pharmacy or pharmacist. The commission of any act prohibited by this proposed law will subject violator to the Unfair Trades Practices and Consumer Protection Law.  

Bill History: 05-31-19 S Set on the Senate Orders

 

HB 434: Magee, Tanner (R)

This bill would define "policy and procedure", add a public notice requirement, and implement a policy for adopting policies and procedures as it relates to Medicaid managed care organizations.

Bill History: 05-31-19 S Set on the Senate Orders

 

HB 509: Bagneris, John (D)

This bill would legalize and regulate adult consumption of marijuana.

Bill History: 05-29-19 H Vote failed in committee - House Administration of Criminal Justice

 

HB 526: Hoffmann, Frank (R)

This law seeks to prohibit prior authorization requirements for opioid use disorder by Medicaid and its managed care organizations for medications of any United States Food and Drug Administration (FDA) approved treatment for opioid use disorder.  It also seeks to prohibit step therapy requirements prior to authorization of coverage by Medicaid and its managed care organizations for an FDA approved medication used for the treatment of opioid use disorder. This bill would also require for the listing of all formulations of  buprenorphine/naloxone on the La. Medicaid fee-for-service drug list and the Healthy La. Common Preferred Dug List.

Bill History: 05-29-19 S Meeting set for 9:00 A.M. Hainkel Room - Senate Health and Welfare

 

HB 538: LeBas, Bernard (D)

This bill seeks to repeal the requirement for onsite audits as they relate to the auditing of pharmacy records. It would also require that any audit of a pharmacy with its principle place of business within Louisiana be conducted by a pharmacist licensed in Louisiana.

Bill History: 05-31-19 S Set on the Senate Orders

 

HB 564: Jordan, Edmond (D)

Provides for the regulation of the cultivation, manufacturing, and retail sale of cannabis and cannabis products by providing for up to 15 cannabis production facility licenses.

Bill History: 05-29-19 H Vote failed in committee - House Administration of Criminal Justice

 

HB 568: Miller, Dustin (D)

Proposed law transfers oversight of therapeutic cannabis from the Louisiana Department of Agriculture and Forestry to the Louisiana Department of Health, references the treatment as “therapeutic cannabis”, and eliminates the cap on the amount the department may receive from gross sales.

Bill History: 05-23-19 H Returned to the calendar - subject to call

 

SB 7: Hensgens (R)

This law repeals the present law that requires each individual Medicaid prepaid coordinated care network (CCN) to establish a pharmaceutical and therapeutics committee to develop a drug formulary and preferred drug list for the CCN. The proposed law would also repeal the present law that provides that the CCN must meet no less than semiannually in Baton Rouge, Louisiana, and that such meeting shall be open to the public and allow for public comment prior to voting on any changes to the CCN's preferred drug list or formulary.

Bill History: 05-30-19 H Passed (Vote: Y:91 / N:0)

 

SB 41: Mills (R)

 This bill would establish the Louisiana "Pharmacy Benefit Manager Licensing Law" to provide substantive requirements for obtaining and maintaining licensure to operate in Louisiana in order to protect the health, safety, and welfare of our citizens, to regulate the practice of pharmacy and actions that threaten pharmacy access, and to regulate the practice of medicine and actions that impede medical decisions. Proposed law would require pharmacy benefit managers to be licensed by the Commissioner of Insurance and the Louisiana State Board of Medical Examiners and to be licensed and permitted by the Louisiana Board of Pharmacy, identifying those three agencies collectively as "regulatory bodies". Proposed law requires pharmacy benefit managers to be licensed and permitted and in good standing with all three regulatory bodies in order to operate in Louisiana.   Proposed law provides for regulation by the Louisiana Board of Pharmacy relative to prohibited actions on prescription drugs and regulation by the Louisiana State Board of Medical Examiners relative to prohibited actions on prescriptive authority of those drugs.   Proposed law establishes a fiduciary duty to the beneficiaries of any pharmacy benefit management plan and to the pharmacists and pharmacies who provide pharmacy services to those beneficiaries. Proposed law authorizes the regulatory bodies to conduct random compliance audits and complaint investigations. Proposed law requires a monthly report of opened complaints to be submitted to the attorney general and would grant enforcement authority to the attorney general.

Bill History: 05-31-19 S Set on the Senate Orders

 

SB 46: Peacock (R)

This bill would create the Louisiana Cybersecurity Information Sharing Act (Act). This is part of the Governor’s bill package.  The proposed law provides that a private entity may, for a cybersecurity purpose, monitor certain information systems and information that are stored on, processed by, or passed through certain information systems. Proposed law provides that a private entity may, for a cybersecurity purpose, operate a defensive measure on certain information systems. Proposed law authorizes a private entity, for a cybersecurity purpose and consistent with the protection of classified information, to share or receive a cyber security threat indicator or defensive measure with certain entities. Proposed law requires a private entity to implement and utilize a security control to protect against unauthorized access to or acquisition of a cyber threat or defensive measure. Proposed law does not relieve a person from compliance with the Database Security Breach Notification Law. Proposed law requires that on or before March first of each year, a state entity that receives information concerning a cyber threat indicator or defensive measure during the preceding calendar year shall submit to the governor an annual report containing a statistical summary of the following: (1) Entities or types of industries that shared information with the state entity. (2) Cyber threat indicators and defensive measures shared with the state entity. Proposed law authorizes the office of state police, in accordance with the APA, to adopt rules necessary to implement the provisions of proposed law. Effective August 1, 2019.

Bill History: 05-29-19 H Passed to third reading

 

SB 48: Mills (R)

This bill, relative to the minimum requirements for Medicaid pharmacy benefit manager (PBM) services, would retain the minimum requirements in present law, add additional minimum requirements, and provides effective January 1, 2021, administration of the Medicaid pharmacy program shall be by the Louisiana Department of Health or pursuant to a single PBM contract awarded in a competitive bid process in compliance with the Louisiana Procurement Code. Proposed law disqualifies any PBM from being awarded the contract established in proposed law if they have been in violation of the provisions in present law relative to remittance of the pharmacy healthcare provider fee or the pharmacy local sales and use tax. Present law authorizes the Louisiana Department of Health to implement a prior approval process for Medicaid prescription drugs. Proposed law retains present law and mandates a single preferred drug list that shall include all therapeutic drug classes that are subject to prior authorization. Effective August 1, 2019

Substitute Bill: SB239

Bill History: 05-02-19 S Substituted Bill set on Senate Orders

 

SB 53: Johns (R)

This bill would retain present law and would provide further authority for the board to provide prescription monitoring information to electronic health information systems and pharmacy information systems located in other states, territories, federal districts, and federal jurisdictions.

Bill History: 05-27-19 G Enrolled

 

SB 61: Boudreaux (D)

This bill would create the Louisiana Commission on Medicinal Plants within the Dept. of Agriculture and Forestry for the purpose of advising the commissioner on the regulation of medicinal plants to protect the interests, health, safety, and welfare of the citizens of Louisiana.  The membership of the commission, comprised of seven members, as follows: (1) One farmer from the state at large appointed by the commissioner. (2) One member from the state at large appointed by the commissioner. (3) One member appointed by the La. State Board of Medical Examiners. (4) One member appointed by the La. Board of Pharmacy. (5) One member appointed by the La. Sheriffs' Association. (6) One member appointed by the La. District Attorneys Association. (7) The secretary of the La. Department of Health or his designee.

Bill History: 05-22-19 H Voluntarily Deferred in Committee House Agriculture

  

SB 99: Boudreaux (D)

This law would reduce the years of experience from five years to two years to qualify to serve on the Board of Pharmacy. 

Bill History: 05-29-19 G Enrolled

 

SB 160: Boudreaux (D)

This bill would provide for the responsibilities of the licensing boards for nurse practitioners and physician assistants to become certified to administer medically-aided treatments for those addicted to opioids. Proposed law requires annual reporting by the boards to the chairmen of the Senate and House committees on health and welfare and to the secretary of the department of health of the number of those healthcare professionals certified to offer such treatment protocols and how many are actively treating such patients. Proposed law provides for the outline of treatment offered for opioid addiction through the program sanctioned by the U.S. Department of Health and Human Services.

Substitute Bill: SB240 - 5-29-19 G Enrolled

 

SB 164: Morrish (R)

This bill would provide for adding a process for exemption from step therapy for patients who have clinical documentation that a prescription drug was discontinued due to lack of efficacy or effectiveness, diminished effect, or an adverse event. Proposed law provides that a plan shall not be prevented from requiring a patient to try a generic drug. Proposed law provides that a practitioner shall not be prevented from prescribing what he determines to be medically necessary. Present law requires pharmacy benefit managers to be licensed by the commissioner of insurance as third party administrators. Proposed law repeals present law and establishes specific pharmacy benefit manager licensure and regulation authority for the commissioner of insurance. Proposed law provides for findings and purpose, rulemaking, license authority, and enforcement.

Bill History: 05-29-19 Involuntarily Deferred House Health and Welfare

 

SCR 31: Barrow (D)

Designates a lead agency over the Interagency Heroin and Opioid Coordination Plan.

Bill History: 05-30-19 H Passed (Vote: Y:97 / N:1)




Resources

 

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

How does a bill become a law in Louisiana?


 

 

 

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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