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2018 SB 246: An Act Limiting Auto Refills Of Prescription Drugs Covered Under The Medicaid Program And Requiring The Commissioner Of Social Services To Provide Chip Data To The Health Information Technology Officer.

Bill Text

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) The Commissioner of Social Services, subject to subsections (c) to (f), inclusive, of this section, may prohibit a pharmacy provider from automatically refilling certain prescription drugs for a medical assistance recipient, regardless of whether a recipient requests or consents to participation in an automatic prescription drug refill program. The Department of Social Services shall not make payment for a prescription drug refill without an explicit request for such payment from the recipient or the recipient's legal representative.

(b) The commissioner, in consultation with the Pharmaceutical and Therapeutics Committee established pursuant to section 17b-274d of the general statutes, as amended by this act, shall recommend the exemption of certain prescription drugs or classes of such drugs from any prohibition on automatic prescription drug refills.

(c) The commissioner shall submit the recommendations developed pursuant to subsection (b) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and human services.

(d) Not later than thirty days after the date of their receipt of such recommendations, the joint standing committees shall hold a public hearing on the recommendations. At the conclusion of a public hearing held in accordance with the provisions of this section, the joint standing committees shall advise the commissioner of their approval, denial or modifications, if any, of the recommendations.

(e) If the joint standing committees do not concur, the committee chairpersons shall appoint a committee of conference which shall be composed of three members from each joint standing committee. At least one member appointed from each joint standing committee shall be a member of the minority party. The report of the committee of conference shall be made to each joint standing committee, which shall vote to accept or reject the recommendations. The report of the committee of conference may not be amended.

(f) If a joint standing committee rejects the report of the committee of conference, that joint standing committee shall notify the commissioner of the rejection and the commissioner's recommendations shall be deemed approved. If the joint standing committees accept the report, the committee having cognizance of matters relating to appropriations and the budgets of state agencies shall advise the commissioner of their approval, denial or modifications, if any, of the commissioner's recommendations. If the joint standing committees do not so advise the commissioner during the thirty-day period, the recommendations shall be deemed approved.

Sec. 2. Subsection (j) of section 17b-274d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(j) The Pharmaceutical and Therapeutics Committee may shall also make recommendations to the department regarding (1) the prior authorization of any prescribed drug, and (2) what prescribed drug, if any, should be eligible for automatic refill.

The provisions of Section 1(c) were rewritten for clarity and consistency with the other provisions of Section 1.

Behind the Bill