Pharmacy benefits managers. Requires pharmacy benefits managers to register with the Commissioner of the Bureau of Insurance. The measure prohibits a carrier on its own or through its contracted pharmacy benefits manager or representative of a pharmacy benefits manager from (i) causing or knowingly permitting the use of any advertisement, promotion, solicitation, representation, proposal, or offer that is untrue, deceptive, or misleading; (ii) charge a pharmacist or pharmacy a fee related to the adjudication of a claim; (iii) engaging, with the express intent or purpose of driving out competition or financially injuring competitors, in a pattern or practice of reimbursing retail community pharmacies or pharmacists in the Commonwealth consistently less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services; (iv) collecting or requiring a pharmacy or pharmacist to collect from an insured a copayment for a prescription drug at the point of sale in an amount that exceeds the lesser of the contracted copayment amount, the amount an individual would pay for a prescription drug if that individual was paying cash, or the contracted amount for the drug; (v) reimbursing a pharmacy or pharmacist an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services, calculated on a per-unit basis using the same generic product identifier or generic code number and reflecting all drug manufacturer's rebates, direct and indirect administrative fees, and costs and any remuneration; (vi) requiring the use of mail order for filling prescriptions unless the health benefit plan or pharmacy benefit offers no financial incentive to an insured; (vii) prohibiting a pharmacist or pharmacy from offering and providing direct and limited delivery services including incidental mailing services, to an insured as an ancillary service of the pharmacy; (viii) charging a fee related to the adjudication of a claim without providing the cause for each adjustment or fee; or (ix) penalizing or retaliating against a pharmacist or pharmacy for exercising rights provided by this measure. The measure also prohibits a carrier from (a) imposing provider accreditation standards or certification requirements inconsistent with, more stringent than, or in addition to requirements of the Virginia Board of Pharmacy or other state or federal entity; (b) including any mail order pharmacy or pharmacy benefits manager affiliate in calculating or determining network adequacy; or (c) conducting spread pricing in the Commonwealth. The measure requires each carrier to ensure that, before a particular drug is placed or continues to be placed on a Maximum Allowable Cost List, the drug meets certain standards, is available for purchase in the Commonwealth, and is not obsolete. The measure establishes requirements allowing network pharmacy providers to readily access the maximum allowable cost specific to that provider and requires Maximum Allowable Cost Lists to be updated every seven days. The measure requires the establishment of reasonable appeal procedures. The measure also imposes recordkeeping and reporting requirements and provides that information or data acquired therefrom is considered proprietary and confidential and is not subject to the Virginia Freedom of Information Act. This bill was incorporated into HB 1290.
Sponsored bills
Public-Private Transportation Act of 1995; Public-Private Education Facilities and Infrastructure Act of 2002; affected local jurisdictions and public entities; consideration of economic impact.Requires a private entity requesting approval to develop and operatea qualifying transportation facility under the Public-Private TransportationAct of 1995 or a qualifying project under the Public-Private EducationFacilities and Infrastructure Act of 2002 to include an economicimpact analysis identifying any potentially adverse economic or revenueimpacts a potential comprehensive agreement may have on all affectedlocal jurisdictions. The bill further provides that affected localjurisdictions be given reasonable opportunity to consult with theparties concerning the nature and scope of the impacts and regardingmeasures that may be taken to avoid or mitigate the impacts or make the agreement revenue-neutral. The bill directs each responsiblepublic entity to certify compliance with the review of the economicimpact analysis provisions.
Housing; notice of educational opportunitiesfor home owners. Requires the Director of the Department of Housingand Community Development to prepare a notice form, to be made availableon the Department's website, for signature by the parties to a contractfor the sale of residential real estate, advising the purchaser toavail himself of educational programs established, administered,or promoted by the Director. The bill also requires that the ownerof residential real property provide such notice to the purchaserprior to the ratification of a real estate purchase contract.
Virginia Personnel Act; hiring preference instate government for persons with disabilities. Establishes ahiring preference in state government for persons with disabilities,provided that such person meets all of the knowledge, skill, andability requirements for the available position. The bill definesthe term "preference" as requiring that a person with a disabilitybe hired over a person without a disability when the two individualsare substantially equal in qualifications for an eligible position.
Attorneys for the Commonwealth; compensation and collection of fees. Prohibits the Compensation Board, when determining staffing and funding levels for offices of attorneys for the Commonwealth, from (i) considering the number of charges brought or the number of convictions obtained by such attorney for the Commonwealth; (ii) relying on standards devised or recommended by the attorney for the Commonwealth, law-enforcement agencies, or professional associations representing attorneys for the Commonwealth or law-enforcement officers; or (iii) using measures that increase if an attorney for the Commonwealth (a) elects to prosecute a more serious charge, (b) elects to prosecute additional charges from a single arrest or criminal incident, (c) obtains convictions rather than dismissing charges or offering reduced charges, or (d) proceeds with prosecution rather than diversion. The bill also requires attorneys for the Commonwealth to pay all fees collected by them in consideration of the performance of official duties or functions into the state treasury, instead of only half of such fees. The bill requires the State Treasurer to pay to the treasuries of the respective counties and cities of the attorneys for the Commonwealth a proportion of half of all such fees collected by all attorneys for the Commonwealth, as determined by each county or city's crime rate, criminal incident rate, or arrest rate. Finally, the bill changes the fees collected by attorneys for the Commonwealth on trials of felony indictments from $40 on each count to $120 for each trial of a Class 1 or Class 2 felony indictment, or other felony that carries a possible penalty of life in prison, except robbery, and $40 for each trial on robbery and all other felony indictments regardless of the number of counts. The bill contains technical amendments.
Parole; exception to limitation on the application of parole statutes. Provides that an incarcerated person is eligible for parole if (i) such person was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed on or after the abolition of parole went into effect (on January 1, 1995) and (ii) the jury was not instructed on the abolition of parole in the Commonwealth. The bill also provides that any person eligible for parole as provided by the provisions of this bill shall be given priority for consideration of parole over all other eligible persons and shall have a parole hearing no later than July 1, 2021. This bill was incorporated into SB 793.
Application of parole statutes. Repealsthe abolition of parole. The bill also provides that the VirginiaParole Board shall establish procedures for consideration of parolefor persons who were previously ineligible for parole, because parolewas abolished, to allow for an extension of time for reasonable cause.
Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. This bill was incorporated into HB 177.
Memorializing Congress; deported veterans of the United States Armed Forces; medical treatment and other benefits. Urges the Congress of the United States to enact legislation to provide medical treatment and other benefits for deported veterans of the United States Armed Forces.
Expungement of police and court records; nolleprosequi taken or acquittal. Provides that a court that takesa nolle prosequi or enters a judgment acquitting a person of a criminalcharge shall, upon motion of the person, enter an order requiringthe expungement of the police and court records relating to the charge.Currently, such a person may file a separate petition for the expungementof such records; however, except in certain cases involving misdemeanorcharges, the person is not entitled to an order of expungement, andthe court hearing the petition must find that the continued existenceand possible dissemination of such records causes or may cause circumstancesthat constitute a manifest injustice to such person before such anorder will be entered.