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State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

846B0596   HOUSE BILL   NO.  1137  

Introduced by:    Representatives Gosch, Anderson, Jensen (Kevin), Lake, and Peterson (Kent) and Senators Steinhauer, Bolin, Rusch, Smith (VJ), and Solano
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding pharmacy benefit managers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 58-29E be amended by adding a NEW SECTION to read:
    No pharmacy benefit manager shall contractually require a health plan or a pharmacist, who is a participating provider in a health plan, to collect cost sharing in an amount greater than the amount the person without coverage under a health benefit plan would pay for the drug.
    Section 2. That chapter 58-29E be amended by adding a NEW SECTION to read:
    No health plan insurer, pharmacy benefit manager, or administrator of a self-funded health plan shall retroactively adjust a claim for reimbursement submitted by a pharmacy for a prescription drug unless the adjustment is a result of either of the following:
            (1)    A pharmacy audit conducted in accordance with chapter 58-29F; or
            (2)    A technical billing error.


100 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.167 per page.
 
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Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.