§2869. Pharmacy benefit manager monitoring advisory council; membership; functions
A. There is hereby created within the Department of Insurance a pharmacy benefit
manager monitoring advisory council, referred to hereafter in this Chapter as the "advisory
council", that shall consist of the following members:
(1)The commissioner of the Department of Insurance, or his designee from the
department.
(2)The attorney general, or her designee from the department.
(3)The secretary of the Louisiana Department of Health, or his designee from the
department.
(4)A pharmacist who works for a chain drug store appointed by the Louisiana
Alliance of Retail Pharmacies.
(5)An independent pharmacist appointed by the Louisiana Independent Pharmacies
Association.
(6)The president of the Pharmaceutical R
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§2869. Pharmacy benefit manager monitoring advisory council; membership; functions
A. There is hereby created within the Department of Insurance a pharmacy benefit
manager monitoring advisory council, referred to hereafter in this Chapter as the "advisory
council", that shall consist of the following members:
(1) The commissioner of the Department of Insurance, or his designee from the
department.
(2) The attorney general, or her designee from the department.
(3) The secretary of the Louisiana Department of Health, or his designee from the
department.
(4) A pharmacist who works for a chain drug store appointed by the Louisiana
Alliance of Retail Pharmacies.
(5) An independent pharmacist appointed by the Louisiana Independent Pharmacies
Association.
(6) The president of the Pharmaceutical Research and Manufacturers of America, or
his designee.
(7) The president of the Louisiana Association of Health Plans, or his designee.
(8) An employee of a pharmacy benefit manager licensed by the Louisiana Board of
Pharmacy, selected by the Louisiana affiliate of the Pharmaceutical Care Management
Association from a list of interested and qualified individuals. The employee shall have
responsibility for and experience in daily administrative functions of the business practices
of the pharmacy benefit manager.
(9) The governor, or his designee from the office of the governor.
(10) The chairman of the House Committee on Insurance, or his designee who is a
member of the House of Representatives, who shall serve as vice chairman of the council.
(11) The chairman of the Senate Committee on Insurance, or his designee who is a
member of the Senate, who shall serve as the chairman of the council.
(12) The chairman of the House Committee on Health and Welfare, or his designee
who is a member of the House of Representatives.
(13) The chairman of the Senate Committee on Health and Welfare, or his designee
who is a member of the Senate.
B. The members of the advisory council shall serve at the pleasure of their respective
appointing authorities. Seven members shall constitute a quorum for the transaction of all
business. The chairman shall fix a time and place for regular meetings of the advisory
council, which shall meet at least quarterly. The advisory council shall establish policies and
procedures necessary to carry out its duties. Expenses for the administrative staffing of the
advisory council shall be provided for from the licensing fees paid by pharmacy benefit
managers and may be transferred between state agencies by memorandum of understanding
or cooperative endeavor agreement.
C. The commissioner of insurance and the Board of Pharmacy may utilize the full
advisory council or individual member agency expertise for the purpose of investigating a
complaint against a pharmacy benefit manager or conducting an audit of a pharmacy benefit
manager. In exercising the authority provided for in this Subsection, the same provisions of
confidentiality applicable to the Department of Insurance and Louisiana Board of Pharmacy
during an investigation shall apply to the advisory council or individual member agencies
whose expertise is being utilized. The advisory council may meet in executive session, as
necessary, to discuss matters involving an active investigation.
D. The advisory council shall provide monitoring of pharmacy benefit managers in
Louisiana to advise the legislature, commissioner of insurance, and Board of Pharmacy on
the most effective and efficient manner of regulation of pharmacy benefit managers to ensure
the protection of the public. Any licensed pharmacy benefit manager operating in the state
of Louisiana shall provide full cooperation with the advisory council on matters including
but not limited to those set forth in Subsection E of this Section.
E. The advisory council shall advise on matters including but not limited to the
licensure and regulation of pharmacy benefit managers set forth in this Title and Titles 22
and 37 of the Louisiana Revised Statutes of 1950, applicable rules and regulations of state
agencies, and federal laws or rules relative to pharmacy benefit managers.
F. The advisory council may conduct and its members may attend and participate in
a meeting via electronic means in accordance with R.S. 42:17.2.