(1) The short title of this section is the "Patient Drug Costs Savings Act".
(2) The general assembly hereby finds and declares that:
Consumers have the right to know about options to reduce the amount of money theypay at a pharmacy for prescription drugs; and
This section will save consumers money by allowing pharmacists to provide information concerning the cost of prescription drugs.
(3) A carrier that has a contract with a pharmacy or pharmacist, or a pharmacy benefit management firm acting on behalf of a carrier, shall not:
Prohibit a pharmacy or pharmacist from providing a covered person information onthe amount of the covered person's cost share for the covered person's prescription drug and the clinical efficacy of a more affordable alternative drug that is therapeutically equivalent, as defined in section 12-280-103 (52), to the prescribed drug if one is available;
Penalize a pharmacy or a pharmacist for disclosing the information described in subsection (3)(a) of this section to a covered person or selling a more affordable alternative to a covered person; or
Require a pharmacy to charge or collect a copayment from a covered person thatexceeds the total charges submitted by the network pharmacy.
If the commissioner determines that a carrier has not complied with this section, thecommissioner shall institute a corrective action plan for the carrier to follow or use any of the commissioner's enforcement powers under this title 10 to obtain the carrier's compliance with this section.
If any provision of this section is inconsistent with, or in conflict with, an applicablefederal law, rule, or regulation, the applicable federal law, rule, or regulation applies.
Source: L. 2018: Entire section added, (HB 18-1284), ch. 181, p. 1233, § 1, effective August 8. L. 2019: (3)(a) amended, (HB 19-1172), ch. 136, p. 1655, § 48, effective October 1.