09 LC 21
0104
House
Bill 369
By:
Representatives Stephens of the
164th,
Harden of the
147th,
Carter of the
159th,
Parrish of the
156th,
and Parham of the
141st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating
to unfair or deceptive practices in consumer transactions and examples, so as to
provide that the use of a pharmacy benefit manager to favor any pharmacy for the
filling or refilling of prescriptions shall be an unfair and deceptive practice;
to amend Code Section 26-4-110.1 of the Official Code of Georgia Annotated,
relating to definitions, licenses required, and condition for licensing, so as
to provide that it shall be unlawful for any pharmacy benefit manager to require
the use of or to favor any pharmacy in approving the use of any prescription
drug; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair
or deceptive practices in consumer transactions and examples, is amended in
subsection (b) by replacing the period with a semicolon at the end of paragraph
(30.1), by striking "or" at the end of paragraph (32), by replacing the period
with "; or" at the end of paragraph (33), and by adding a new paragraph to read
as follows:
"(34)
For any person or company to favor the use of a particular pharmacy or chain or
pharmacies through a pharmacy benefit manager in violation of Code Section
26-4-110.1."
SECTION
2.
Code
Section 26-4-110.1 of the Official Code of Georgia Annotated, relating to
definitions, licenses required, and condition for licensing, is amended by
adding a new subsection to read as follows:
"(c)
Each enrollee is entitled to exercise free choice in selecting his or her
pharmacy. It shall be unlawful for any pharmacy benefit manager, either
directly or indirectly, to require or encourage the use of, or to favor in any
way, a particular pharmacy or chain of pharmacies in approving the use of a
prescription drug."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.