SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE STEVENSON.
Read 1st time February 21, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 376, RSMo, by adding thereto two new sections relating to transparency in health communications, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 376, RSMo, is amended by adding thereto two new sections, to be known as sections 376.1460 and 376.1465, to read as follows:
376.1460. 1. The department of health and senior services shall promulgate rules governing switch communications from health benefit plans, as defined in section 376.1350, to patients. As used in this section, "switch communication" means a communication that recommends a patient's medication be switched to a different medication than the medication originally prescribed by the primary health care professional.
2. Such rules shall include, but not be limited to the following:
(1) Requirements for review and approval of switch communications by the department;
(2) Procedures for verifying the accuracy of any switch communications from health benefit plans to ensure that such switch communications are truthful, accurate, and not misleading;
(3) A requirement that all switch communications bear a prominent legend on the first page that states: "This is not a product safety notice. This is a promotional announcement from your health care insurer about one of your current prescribed medications.";
(4) A requirement that, if the switch communication contains information regarding a potential therapeutic substitution, such communication shall explain that medications in the same therapeutic class are associated with different risks and benefits and may work differently in different patients.
3. All switch communications to patients shall clearly disclose any financial interest that the health care insurer, pharmacy benefits manager (PBM), prescriber, or any agent of such insurer, manager, or prescriber, has in the patient's decision to switch medications. In particular, cash or in-kind compensation payable to prescribers or their professional practices for switching patients from their currently prescribed medication to a different medication shall be disclosed to the patient.
4. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
376.1465. 1. Issuing or delivering or causing to be issued or delivered a switch communication that has not been approved and is not in compliance with the requirements of section 376.1460 is punishable by a fine not to exceed twenty-five thousand dollars.
2. Providing a misrepresentation or false statement in a switch communication under section 376.1460 is punishable by a fine not to exceed twenty-five thousand dollars.
3. Any other material violation of section 376.1460 is punishable by a fine not to exceed twenty-five thousand dollars.
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