PBM reform continues in the Virginias

Several bills have been signed into law in Virginia and West Virginia that increase oversight and regulation of pharmacy benefit managers (PBMs).

In Virginia, HB 1162, SB 359, and SB 428 were signed into law. These bills

• Prohibit PBMs from discriminating against contract pharmacies when operating under the 340B program
• Ban PBMs from interfering with a patient’s right to choose a pharmacy based on the pharmacy’s status as a contract pharmacy
• Specify the frequency that reports from PBMs need to be sent to the Commissioner of Insurance
• Require PBMs to provide contemporaneous cost information to pharmacists and patients, including cost-sharing or prior authorization requirements

In West Virginia, HB 4112 gives patients the right to choose their pharmacy by prohibiting PBMs from limiting pharmacy network access, banning limited access to medications by designating specialty drugs, and providing clarification for how drug acquisition costs are determined.