Louisiana Revised Statutes 37:1219 – Affordable alternative options to prescription drugs
Terms Used In Louisiana Revised Statutes 37:1219
- administration: means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion, or any other means. See Louisiana Revised Statutes 37:1164
- Board: means the Louisiana Board of Pharmacy. See Louisiana Revised Statutes 37:1164
- Contract: A legal written agreement that becomes binding when signed.
- Device: means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, "Caution: Federal or State law requires dispensing by or on the order of a physician" the label "Rx Only" or both, or any other designation required under federal law. See Louisiana Revised Statutes 37:1164
- Drug: means :
(a) Any substance recognized as a drug in the official compendium, or supplement thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or other animals. See Louisiana Revised Statutes 37:1164
- Person: means an individual, corporation, partnership, association, or any other legal entity, including government. See Louisiana Revised Statutes 37:1164
- Pharmacist: means an individual currently licensed by the board to engage in the practice of pharmacy in the state. See Louisiana Revised Statutes 37:1164
- Pharmacy: means any place located within this state where drugs are dispensed and pharmacy primary care is provided, and any place outside of this state where drugs are dispensed and pharmacy primary care is provided to residents of this state. See Louisiana Revised Statutes 37:1164
A. Pharmacists may provide sufficient information to a patient to allow him an opportunity to consider all relevant options when acquiring prescription medication, including but not limited to the cost and clinical efficacy of a more affordable alternative if one is available and the ability to pay cash if a cash payment for the same drug is less than an insurance copayment or deductible payment amount.
B. Failure to comply with this Section shall not constitute a violation of a pharmacist‘s standard of care regarding the patient. No pharmacist shall be penalized by the board or any third party for failure to comply with the provisions of this Section.
C.(1) No pharmacy or pharmacist shall be bound to terms of a contract with a pharmacy benefit manager or other entity that administers prescription drug benefits that prevent disclosure of the information provided for in this Section.
(2) On or after August 1, 2018, any contract provision prohibiting the communication provided for in this Section shall be severable from the contract and considered void and not enforceable in Louisiana.
D.(1) Any pharmacy or pharmacist who has a contract, either directly or through a pharmacy services administration organization, with a pharmacy benefit manager administering any type of drug or pharmacy benefit plan to provide covered drugs, devices, or services at a contractual reimbursement rate may decline to provide a covered drug, device, or service if the pharmacy or pharmacist will be or is paid less than the acquisition cost for the covered drug, device, or service.
(2) If the pharmacy or pharmacist declines to provide the drug, device, or service as authorized in this Subsection, then the pharmacy or pharmacist shall provide the customer with adequate information as to where the prescription for the drug, device, or service may be filled.
(3) No pharmacy benefit manager, pharmacy services administration organization, or any person acting for or on behalf of a pharmacy benefit manager or pharmacy services administration organization shall cancel any contract with the pharmacy or pharmacist, sue for breach of contract, use the decision to decline as a cause for not renewing the contract, or retaliate against or penalize the pharmacy or pharmacist in any way.
E. The commission of any act prohibited by this Section shall be considered an unfair method of competition and unfair practice or act which shall subject the violator to any and all actions, including investigative demands and private actions, remedies, and penalties, provided for in the Unfair Trade Practices and Consumer Protection Law, La. Rev. Stat. 51:1401 et seq.
F. Any provision of a contract that is contrary to any provision of this Section shall be null, void, and unenforceable in this state.
Acts 2018, No. 317, §2; Acts 2019, No. 161, §2, eff. June 6, 2019.