H.3159 is a reintroduction of last session’s H.3151. The bill would require the registration and regulation of pharmacy benefit managers (PBM), defined as an individuals who engage in “the administration or management of prescription drug benefits provided by a covered entity (most health coverage plans in South Carolina) for the benefit of a covered individual”. The legislation would restrict PBMs from: discriminating when contracting with any pharmacy, attempting to influence a prescriber’s choice of therapy, attempting to influence a patient’s choice of pharmacist, or switching a prescribed drug without the express authorization of the prescriber. PBMs would also be required to make certain financial data available for review to covered entities. The bill also lays out the process and regulatory framework for audits of pharmacists or pharmacy records.

It’s worth noting that this bill and last session’s H.3151 were both filed by Representative Kit Spires (R. Lexington), a pharmacist who has a record of filing bills related to the pharmaceutical industry, some of which could prove financially beneficial to himself.

By South Carolina Policy Council

Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.