Amends TCA Title 4; Title 53; Title 56; Title 63; Title 68 and Title 71.

ON APRIL 14, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 145, AS AMENDED. AMENDMENT #1 rewrites this bill and revises the present law provision governing licensure as a pharmacy benefits manager, as follows: (1) Adds that for renewal of a license as a pharmacy benefits manager the person or entity must demonstrate to the department of commerce and insurance that the person or entity complied with item (4) below during the previous licensure period; (2) Increases the license fee from $100 to $1,000, and increases the license renewal fee from $50.00 to $500. Present law requires that fees paid pursuant to the licensure provisions must be used by the department for administering the pharmacy benefits managers law. This amendment specifies that the provision applies to fees and fines and adds that the department may use funds from fees and fines collected under the licensure provision that are in excess of the amount needed to administer the pharmacy benefits managers laws for the purpose of promoting awareness of available substance use disorder treatment resources in this state; (3) Increases the fine for failure to obtain licensure or renew a license from "not less than $100 nor more than $500" to a flat fine of $2,500. This amendment adds that each day that a person or entity is in violation constitutes a separate violation; (4) Adds that a pharmacy benefits manager must ensure that, in the performance of pharmacy benefits management, the best interests of the insured are prioritized above the interests of other parties or entities, including, but not limited to, those of a covered entity, a pharmacy, and a pharmacist, an insurance plan, or a third party administrator; and (5) Requires the department to establish, by January 1, 2022, a process, by rule, to receive and process complaints from an insured, a provider, a pharmacist, or a pharmacy that allege a violation of the pharmacy benefits manager laws by a pharmacy benefits manager. Also, on or before January 15, 2023, and no later than January 15 each year thereafter, the department must submit to the chief clerks of the senate and house, and to the legislative librarian, a report containing the following information from the previous calendar year: (A) The number of complaints received against pharmacy benefits managers; (B) Statistics on the resolution of complaints and penalties assessed against pharmacy benefits managers; and (C) Other information and data the department deems relevant to the enforcement of the pharmacy benefits manager laws.