2020 Legislative Update: Week 5
Although there were no legislative days, week 5 proved to be a significant one for pharmacy. SB 313 was heard by the full Senate Insurance & Labor Committee on Monday, February 10. Several testified against the legislation including a PCMA representative. (PCMA is the association that advocates on behalf of PBMs.)
Testifying in support of the legislation were GASCO (Georgia Society of Clinical Oncology); MAG (Medical Association of Georgia); the National Multiple Sclerosis Society; and, of course, GPhA. There were also several members of the news media in attendance. Following a hotly contested meeting, Chairman Burt Jones assigned the bill to subcommittee consisting of Senator Larry Walker as chair, Senator P.K. Martin, and Senator Freddie Sims Powell.
The subcommittee held its first meeting on Wednesday in which Senator Burke introduced a substitute to SB 313. (Note: The substitute is not yet on the website.) It incorporated non-material changes requested by state agencies and also reinserted MAC pricing law protections, added a requirement that MAC methodologies be filed with the commissioner of insurance for use in investigating MAC appeals, deleted the requirement that PBMs utilize NADAC as a floor (due to fiscal concerns and the time it would likely take for a fiscal analysis), and requires PBMs to file public reports of reimbursements below and above certain thresholds of NADAC — including a a requirement that reimbursements to affiliates be identified.
The hearing itself was fiercely contested, with several PBM and insurer lobbyists and representatives testifying against the bill. Testifying in support of the bill were several patients as well as pharmacists Jennifer Shannon and Dawn Sasine along with Jessica Longtin, a manager at City Drugs in Vidalia. All three shared moving examples of how PBM practices have hurt patient care. GPhA also testified in support as did MAG. Another strong ally in attendance was patient advocacy organization Rx in Reach, which assisted with patient testimony and had a strong presence at the hearing.
This legislation remains under fire so, if your senator sits on the subcommittee or on the Senate Insurance & Labor Committee itself, please reach out and let them know how important this legislation is for your patients and for your practice, and ask for their support. It is important they hear from you as they are hearing from an unprecedented number of PBM and insurer lobbyists every day.
Senate Insurance and Labor Committee
Jones, Burt – Chairman
Martin IV, P. K. – Vice Chairman
Harbin, Marty – Secretary
Sims, Freddie Powell – Ex-Officio
Unterman, Renee – Ex-Officio
Watson, Ben – Ex-Officio
Burke, Dean – Member (Also SB 313 Author)
Harbison, Ed – Member
Kirkpatrick, Kay – Member
Lucas, David – Member
Robertson, Randy – Member
Walker, III, Larry – Member
