HB 103/LM (BR 840) - Ji. Lee, T. Burch, J. Callahan, L. Clark, P. Clark, J. Coleman, B. Colter, H. Cornett, D. Horlander, J. Jenkins, M. Marzian, H. Moberly, S. Nunn, J. Richards, T. Riner, M. Weaver, R. Webb, B. Yonts
AN ACT relating to the Medicaid outpatient pharmacy program.
Create a new section of KRS 205.510 to 205.645 to create the Pharmacy and Therapeutics Advisory Committee and attach it to the Department for Medicaid Services; establish the membership at 14 members, 12 of whom shall be physicians or pharmacists, to be appointed by the Governor; require the committee to act in an advisory capacity to the Governor, the Cabinet for Health Services, and the Medicaid commissioner on the development and administration of an outpatient drug formulary, to perform drug reviews and make recommendations on prior authorization, provide for an appeals process, and establish bylaws for the conduct of meetings; provide for a quorum of 7 members; require the committee to meet every other month or upon the call of the chair, the cabinet secretary, or the Governor; require posting of the agenda on the web site; provide for reimbursement of members' travel expenses associated with attending meetings; require the secretary to review recommendations on prior authorization and present the basis for any rejection of recommendations at the next regularly scheduled meeting of the committee; require the Cabinet for Health Services to promulgate administrative regulations relating to the committee; amend KRS 205.5631 to amend the definition of "new drug" and to delete the definition of "available"; amend KRS 205.5632 to provide that a new drug shall be exempt from prior authorization unless the committee and secretary have made a final determination that prior authorization should be required, and provide for review within 75 days for new drugs requiring prior authorization because the drugs are in a specific class that has been deemed as requiring prior authorization; delete provisions requiring drugs of comparable clinical application, efficacy, and safety of a nonprior authorized drug to also be placed on the nonprior authorized drug file; amend KRS 205.5634 to delete the provision that the commissioner may prior authorize drugs due to safety or financial burden reasons; amend KRS 205.2638 to require the Drug Management Review Advisory Board to recommend, rather than establish, standards for the identification of suspected fraud and abuse, and delete the requirement that the board advise the Department for Medicaid Services on outpatient drug coverage; confirm Executive Order 2001-1243, dated October 2, 2001, to the extent it is not otherwise confirmed or superseded; and provide for the initial appointments to the committee.
HB 103 - AMENDMENTS
HFA (1, J. Lee) - Clarify that pharmacy and therapeutics advisory committee members shall be licensed and practicing in Kentucky; require the committee to function in accordance with the Kentucky Open Meetings Law and the Kentucky Open Records Law; require posting on web site of agenda within 72 hours prior to a specially called meeting; require posting on web site of options and recommendations relating to drug review and drug review placement within 7 days prior to next regularly scheduled meeting and as soon as practicable prior to a specially called meeting; require recommendation of the committee to the secretary to be posted on the web site within 7 days of the date of the meeting at which the recommendation was made; require the secretary to act on any recommendation within 30 days of date that it was posted on the web site; permit any interested party to request to make a presentation to the board; require secretary's final determination to be posted on the web site; require appeal to be made in accordance with KRS Chapter 13B, except that the time for filing the appeal shall be within 30 days of the date of the posting of the secretary's final determination on the web site; clarify that a new drug shall be exempt from prior authorization upon initial coverage by the Kentucky Medicaid program, and subject to certain conditions; provide that the Drug Management Review Advisory Board may consider the effectiveness of all interventions when advising the department; EMERGENCY.
HFA (2/Title, J. Lee) - Make title amendment.
SFA (1, T. Buford) - Retain original provisions except specify that the President of the Senate shall appoint one voting member of the committee and the Speaker of the House shall appoint one voting member of the committee.
SFA (2, T. Buford) - Require the Governor to appoint to the Pharmacy and Therapeutics Advisory Committee one member from a list of 3 nominees received from the President of the Senate and one member from a list of 3 nominees received from the Speaker of the House.
SFA (3, T. Buford) - Require Senate confirmation of appointments and reappointments to the Pharmacy and Therapeutics Advisory Committee.
SFA (4, B. Jackson) - Retain original provisions; require all members of the Pharmacy and Therapeutics Advisory Committee to be providers participating in the Medicaid program; and prohibit any elected official from serving as a committee member while holding office.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Health and Welfare (H)
Jan 9-posted in committee; posting waived
Jan 10-reported favorably, 1st reading, to Calendar
Jan 11-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, January 14, 2002
Jan 15-floor amendments (1) and (2-title) filed
Jan 16-3rd reading, passed 98-0 with floor amendments (1) and (2-title)
Jan 17-received in Senate
Jan 18-to Health and Welfare (S)
Feb 6-reported favorably, 1st reading, to Calendar
Feb 7-2nd reading, to Rules
Feb 8-posted for passage in the Regular Orders of the Day for Tuesday, February 12, 2002
Feb 11-floor amendment (1) filed
Feb 12-passed over and retained in the Orders of the Day
Feb 13-passed over and retained in the Orders of the Day; floor amendments (2) (3) and (4) filed
Feb 14-3rd reading; floor amendments (1) (3) and (4) withdrawn ; passed 38-0 with floor amendment (2)
Feb 15-received in House; posted for passage for concurrence in Senate floor amendment (2)
Feb 19-House concurred in Senate floor amendment (2) ; passed 92-0
Feb 20-enrolled, signed by each presiding officer; delivered to Governor
Feb 21-signed by Governor (Acts ch. 7)