HB 2240 -- Recommendations for Switching Medications

Sponsor:  Stevenson

This bill requires the Department of Health and Senior Services
to establish rules governing switch communications from health
benefit plans and specifies that the term "switch communication"
is a communication that recommends a patient's medication be
switched to a different medication than originally prescribed by
the primary health care professional.

The department's rules must include:

(1)  Requirements for the review and approval of the switch
communication by the department;

(2)  Procedures for verifying the accuracy of the switch
communication;

(3)  A requirement that all switch communications contain a
statement that the message is a promotional announcement from the
participant's health care insurer; and

(4)  A requirement that if the switch communication contains
information regarding potential therapeutic substitution, the
communication must explain that medications in the same
therapeutic class have different risks and benefits and may work
differently on different patients.

All switch communications must clearly disclose any financial
interest that the health care insurer, pharmacy benefits manager,
prescriber, or their agent has in the patient's decision to
switch medications.  Any person who issues or delivers or causes
to be issued or delivered a switch communication that has not
been approved, provides a misrepresentation or false statement in
a switch communication, or commits any other material violation
of the provisions of the bill will be subject to a fine of up to
$25,000.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm