H 4628 General Bill, By M.A. Pitts, Bedingfield, J.R. Smith, Walker, D.C. Smith, 
Mahaffey, Bales, Herbkersman, Jefferson, Littlejohn, Shoopman, Witherspoon, 
Spires, Weeks, Umphlett, Vick and Bowers
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 38-71-35 SO AS TO PROHIBIT A PHARMACY BENEFITS MANAGER FROM DISCRIMINATING
 WHEN CONTRACTING WITH PHARMACIES ON THE BASIS OF CO-PAYMENTS OR DAYS OF
 SUPPLY, TO REQUIRE A CONTRACT TO APPLY THE SAME COINSURANCE, CO-PAYMENT, AND
 DEDUCTIBLE TO COVERED PRESCRIPTIONS FILLED BY ANY PHARMACY, AND TO DEFINE
 "PHARMACY BENEFITS MANAGER".

   02/05/08  House  Introduced and read first time HJ-11
   02/05/08  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-11
   02/07/08  House  Member(s) request name added as sponsor: Spires, Weeks
   02/12/08  House  Member(s) request name added as sponsor: Umphlett
   04/09/08  House  Member(s) request name added as sponsor: Vick, Bowers

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-35 SO AS TO PROHIBIT A PHARMACY BENEFITS MANAGER FROM DISCRIMINATING WHEN CONTRACTING WITH PHARMACIES ON THE BASIS OF CO-PAYMENTS OR DAYS OF SUPPLY, TO REQUIRE A CONTRACT TO APPLY THE SAME COINSURANCE, CO-PAYMENT, AND DEDUCTIBLE TO COVERED PRESCRIPTIONS FILLED BY ANY PHARMACY, AND TO DEFINE "PHARMACY BENEFITS MANAGER".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-35.    (A)    A pharmacy benefits manager may not discriminate when contracting with pharmacies on the basis of co-payments or days of supply. A contract shall apply the same coinsurance, co-payment, and deductible to covered drug prescriptions filled ay any pharmacy, including a mail-order pharmacy or pharmacist who participates in the network.

(B)    As used in this section, 'pharmacy benefits manager' means a person, business, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity and includes mail-order pharmacy."

SECTION    2.    This act takes effect upon approval by the Governor.