July 24, 2017 – State legislatures across the country have begun to tackle the issues created for both consumers and pharmacists alike by Pharmacy Benefit Managers (PBMs) and their business practices. In a previous alert we mentioned Public Act 17-241, a bill recently signed into law in Connecticut that addressed “secret price gouging” by PBMs.

Georgia has now joined in and enacted the Pharmacy Patient Fair Practices Act (Act. No. 196 / S.B. 103). The Act (full text available here), received support from a number of consumer and pharmacy-related advocacy organizations.

The Act, effective July 1, 2017, and applicable to all PBM contracts issued, delivered, or issued for delivery in Georgia on and after that date, prohibits a number of previously common PBM contact provisions, including:

• Mandatory mail-order requirements for the fulfillment of prescriptions;
• Restrictions that prevented pharmacists from communication with patients regarding more affordable alternatives to their prescribed drugs (i.e. generics);
• Restrictions on store-provided delivery services;
• Charging patients more for a prescribed drug as a co-pay than the actual cost of the drug if paid for in cash, i.e. “clawbacks”
• Various “retaliatory” measures often used against pharmacies, including charging pharmacists for “fees” relating to the adjudication of claims or penalizing them for exercising their rights under Georgia law.

The Act also grants the Georgia Commissioner of Insurance the authority to promulgate rules and regulations related to the PBM Code in order to effectuate its provisions. The Commissioner did not previously have such authority.

The FisherBroyles Pharmacy and Health Care Law team is pleased to keep you updated on events of interest to those in the healthcare and pharmaceutical industries. We continue to track legislation across the country, particularly that involving the increased regulation of PBMs and their business practices. Questions may be directed to any of the following attorneys:

Brian Dickerson, FisherBroyles Partner
Brian E. Dickerson
brian.dickerson@fisherbroyles.legal
202.570.0248

Anthony Calamunci, FisherBroyles Partner
Anthony Calamunci
Anthony.calaunci@fisherbroyles.legal
419.376.1776

Nicole Waid, FisherBroyles Partner
Nicole Hughes Waid
nicole.waid@fisherbroyles.legal
202.906.9572

Amy Butler, FisherBroyles Partner
Amy Butler
amy.butler@fisherbroyles.legal
419.340.8466

Katy Wane, FisherBroyles Partner
Katy Wane
Katy.wane@fisherbroyles.legal
502-890-5920