SB 209: "An Act relating to the practice of pharmacy; and relating to notifications to consumers regarding prescription drug pricing."
00 SENATE BILL NO. 209 01 "An Act relating to the practice of pharmacy; and relating to notifications to consumers 02 regarding prescription drug pricing." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.80.297 is repealed and reenacted to read: 05 Sec. 08.80.297. Prescription prices available to consumer. (a) A pharmacist 06 shall, unless directed otherwise by the consumer, charge a consumer the applicable 07 cost sharing or the current pharmacy retail price for a prescription medication, 08 whichever is less. 09 (b) If a pharmacist, or a person acting at the direction of a pharmacist, 10 determines that the cost sharing for a prescription medication exceeds the current 11 pharmacy retail price, the pharmacist or person acting at the direction of a pharmacist 12 shall notify the consumer of the pharmacy retail price and the consumer's cost sharing. 13 (c) A pharmacist shall disclose the pharmacy retail price and the consumer's 14 cost sharing of any prescription when requested by the consumer.
01 (d) A pharmacy shall post a notice to consumers informing them that they 02 may, at the point of sale, request the current pharmacy retail price for each 03 prescription medication the consumer intends to purchase. 04 (e) A pharmacy or pharmacist may not enter into a contract or agreement that 05 prohibits a pharmacy or pharmacist from complying with the provisions of this 06 section. 07 (f) In this section, 08 (1) "cost sharing" means the amount owed by the consumer under the 09 terms of the consumer's health care plan; 10 (2) "health care plan" means a policy, contract, benefit, or agreement 11 that provides, delivers, arranges for, pays for, or reimburses any of the costs of health 12 care services under 13 (A) a health care insurance plan as defined under 14 AS 21.54.500; 15 (B) a governmental or employee welfare benefit plan under 29 16 U.S.C. 1001 - 1191 (Employee Retirement Income Security Act of 1974); 17 (C) a plan offered under AS 39.30.090 or 39.30.091; 18 (D) a federal governmental plan as defined under 19 AS 21.54.500; 20 (E) the Medicaid or Medicare program; or 21 (F) a self-insured employer benefit plan; 22 (3) "pharmacy retail price" means the amount an individual would pay 23 for a prescription medication purchased at a pharmacy without the use of a health care 24 plan. 25 * Sec. 2. AS 08.80 is amended by adding a new section to read: 26 Sec. 08.80.305. Record of prescriptions. A pharmacy shall maintain a record 27 of costs of every prescription dispensed to a consumer. The costs shall include 28 information related to cost sharing and the pharmacy retail price at the time of sale. 29 The pharmacy shall keep the record for at least two years. Upon request, a pharmacist 30 shall provide the record to a consumer during that period. 31 * Sec. 3. AS 08.80.460 is amended by adding new subsections to read:
01 (c) Except as provided in (d) of this section, a pharmacist who violates 02 AS 08.80.297 is liable in a civil action by the attorney general or an aggrieved person 03 for the difference between the consumer's cost sharing and the pharmacy retail price, 04 and is punishable by a fine of $500 for the first violation and $1,000 for the second 05 and each subsequent violation, plus full attorney fees and costs. 06 (d) A violation of AS 08.80.297(a) is exempt from penalties under this section 07 if the pharmacy or pharmacist offers the consumer a refund of the difference between 08 the consumer's cost sharing and the pharmacy retail price within one year after the 09 date of the violation. If a consumer accepts a refund of the difference, the pharmacy 10 shall make reasonable efforts to provide the refund. 11 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. AS 08.80.297, repealed and reenacted by sec. 1 of this Act, applies 14 to contracts entered into or renewed on or after the effective date of this Act.