Pharmacy 'clawback' bill headed to governor

The Delaware State Senate passed a bill on Wednesday prohibiting insurance companies and pharmacy benefit managers from overcharging for prescription drugs and pocketing the difference – a practice often referred to as a “clawback.”

The bill passed unanimously (18-0, 3 absent) and now heads to the governor for signature.

In most cases, these overcharges occur when a patient’s co-pay for a prescription is higher than the total cost of the medication. Insurers and benefit managers can charge that co-pay and keep the difference, denying consumers the savings they would otherwise receive. House Bill 24 would specifically prohibit this practice.

The bill follows multiple others by Rep. Bennett designed to protect Delawareans who rely on prescription medication. Earlier this week, she filed House Bill 194, a bill to more effectively regulate pharmacy benefit managers. In 2018, Rep. Bennett led House Bill 425 all the way to the governor’s desk and into Delaware law. That bill removed the “gag clause” that barred pharmacists from disclosing price options to patients.

Read more: https://www.doverpost.com/news/20190613/pharmacy-clawback-bill-headed-to-governor