Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 24 (2023GS)

Sponsor

Rep. Ward, R.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• allows the Public Employees' Benefit and Insurance Program to add additional drugs to the prescription discount program;
• requires the program to notify the Legislature when an additional drug is added to the program; and
• makes technical changes.

Every vote on this bill

Bill text

PRESCRIPTION DISCOUNT PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
Committee Note:
The Health and Human Services Interim Committee recommended this bill.
Legislative Vote: 12 voting for 0 voting against 6 absent
General Description:
This bill allows the Public Employees' Benefit and Insurance Program (program) to add
additional drugs to the prescription discount program.
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ allows the Public Employees' Benefit and Insurance Program to add additional
drugs to the prescription discount program;
▸ requires the program to notify the Legislature when an additional drug is added to
the program; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
49-20-421
, as last amended by Laws of Utah 2021, Chapter 255
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-20-421
 is amended to read:
49-20-421.
Prescription discount program.
(1) As used in this section:
[
(a) "Diabetes" means:
]
[
(i) complete insulin deficiency or type 1 diabetes;
]
[
(ii) insulin resistant with partial insulin deficiency or type 2 diabetes; or
]
[
(iii) elevated blood glucose levels induced by pregnancy or gestational diabetes.
]
[
(b)
] 
(a)
 "Discount program" means [
a process developed by the program that allows
participants to purchase a qualified prescription at a discounted, post-rebate rate
] 
the
prescription discount program created by this section
.
[
(c)
] 
(b)
 "Epinephrine auto-injector" means the same as that term is defined in Section
26-41-102
.
[
(d) "Individual with diabetes" means an individual who has been diagnosed with
diabetes and who uses insulin to treat diabetes.
]
[
(e)
] 
(c)
 "Insulin" means a prescription drug that contains insulin.
[
(f)
] 
(d)
 "Participant" means a resident of Utah who:
(i) [
has a qualified condition
] 
has a prescription or standing prescription for a qualified
prescription
;
(ii) does not receive health coverage under the program; and
(iii) enrolls in the discount program.
[
(g)
] 
(e)
 "Prescription drug" means the same as that term is defined in Section
58-17b-102
.
[
(h) "Qualified condition" means the individual:
]
[
(i) uses insulin to treat diabetes; or
]
[
(ii) has a prescription or a standing prescription drug order for an epinephrine
auto-injector issued under Section 
58-17b-1005
.
]
[
(i) "Qualified prescription" means:
]
[
(i) insulin; or
]
[
(ii) epinephrine auto-injector.
]
(f) "Qualified prescription" means a prescription drug, including insulin and
epinephrine auto-injectors, that the program has determined:
(i) treats a serious, prevalent, and ongoing condition;
(ii) does not have a generic substitute;
(iii) qualifies for a substantial rebate; and
(iv) would not result in financial losses to the state risk pool if sold as part of the
discount program.
[
(j)
] 
(g)
 "Rebate" means the same as that term is defined in Section 
31A-46-102
.
(2) [
Notwithstanding Subsection 
49-20-201
(1), and for the purpose of the discount
program only, the program shall offer a discount program that allows participants to purchase a
qualified prescription at a discounted, post-rebate price when a rebate is available.
] 
The
program shall create a prescription discount program for a participant to purchase a qualified
prescription at a discounted, post-rebate price.
(3) The [
discount
] program [
described in Subsection (2)
] shall:
(a) provide a participant with a card or electronic document that identifies the
participant as eligible for the discount on a qualified prescription [
related to the participant's
qualified condition
];
(b) provide a participant with information about pharmacies that will honor the
discount; 
and
[
(c) allow a participant to purchase a qualified prescription at a discounted, post-rebate
price; and
]
[
(d)
] 
(c)
 provide a participant with instructions to pursue a reimbursement of the
purchase price from the participant's health insurer.
[
(4) The discount program shall charge a price for a qualified prescription that allows
the program to retain only enough of any rebate for the qualified prescription to make the state
risk pool whole for providing a discounted qualified prescription to participants.
]
(4) The program may not retain any amount of a rebate for a qualified prescription
except for an amount necessary to make the state risk pool whole for providing the qualified
prescription to participants.
(5) For each drug added to the discount program, the program shall notify the Health
and Human Services Interim Committee, providing:
(a) the name of the drug; and
(b) the primary condition the drug treats.