SENATE CONCURRENT RESOLUTION NO. 37

(By Senators Nohe, Gaunch, Prezioso, and Ferns)

[Originating in the Committee on Banking and Insurance]

Requesting Joint Committee on Government and Finance study future legislation relating to the pharmaceutical benefits management industry in the State of West Virginia.

            Whereas, In most areas of West Virginia, the complexities of prescription drug programs administered by pharmacy benefit managers (PBM) are impacting pharmacies; and

            Whereas, PBMs influence and impact consumers’ purchases of prescriptions drugs; and

            Whereas, PBMs contract with out-of-state prescription drug manufacturers for the purpose of selling prescription drugs to West Virginia consumers; and

            Whereas, The State uses PBMs to administer several prescription drug programs for its employees, retirees and beneficiaries of Medicaid; and

            Whereas, PBMs can be a vital benefit to consumers, pharmacies and state agencies; and

            Whereas, There may be a need for oversight or regulation of PBMs, including, but not limited to, establishing criteria for contracts between PBMs and pharmacies and criteria for provider manuals that pharmacies are required to comply with by the PBMs, timely adjustments with reimbursements to pharmacies, pricing of prescriptions, auditing and appeal processes and the impact on consumer selection, consumption and cost of prescriptions ; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the pharmaceutical benefits management industry in the State of West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.