Pharmacies; delivery of prescription drugs, pharmacy benefits managers. (HB2223)

Introduced By

Del. Israel O'Quinn (R-Bristol) with support from co-patron Sen. Todd E. Pillion (R-Abingdon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Pharmacies; delivery of prescription drugs; pharmacy benefits managers. Requires health every carrier, as applicable, to administer its health benefit plans in a manner consistent with, or include in contracts for pharmacy benefits management, criteria and provisions that (i) permit a covered individual to fill any mail order-covered prescription, at the covered individual's option, at any mail order pharmacy or network participating retail community pharmacy if the network participating retail community pharmacy agrees to accept a price that is comparable to that of the mail order pharmacy, calculated to reflect all drug manufacturer's rebates, direct and indirect administrative fees, costs and any remuneration; (ii) prohibit a pharmacy benefits manager (PBM) or carrier from imposing a differential copayment, additional fee, or other condition on any covered individual who elects to fill his prescription at an in-network retail community pharmacy that is not similarly imposed on covered individuals electing to fill a prescription from a mail order pharmacy; and (iii) require the PBM to use the same benchmark index to reimburse all pharmacies participating in the health benefit plan regardless of whether a pharmacy is a mail order pharmacy or a retail community pharmacy. The measure applies with respect to contracts entered into, amended, extended, or renewed on or after January 1, 2020. Read the Bill »


Bill Has Failed


01/08/2019Prefiled and ordered printed; offered 01/09/19 19103343D
01/08/2019Referred to Committee on Health, Welfare and Institutions
01/16/2019Assigned HWI sub: Subcommittee #1
01/23/2019Impact statement from SCC (HB2223)
01/24/2019Referred from Health, Welfare and Institutions
01/24/2019Referred to Committee on Commerce and Labor
01/31/2019Impact statement from DPB (HB2223)
01/31/2019House committee, floor amendments and substitutes offered
01/31/2019Reported from Commerce and Labor with substitute (11-Y 8-N) (see vote tally)
01/31/2019Committee substitute printed 19106247D-H1
02/03/2019Read first time
02/04/2019Read second time
02/04/2019Committee substitute agreed to 19106247D-H1
02/04/2019Engrossed by House - committee substitute HB2223H1
02/05/2019Read third time and passed House (53-Y 46-N)
02/05/2019VOTE: PASSAGE (53-Y 46-N) (see vote tally)
02/06/2019Constitutional reading dispensed
02/06/2019Referred to Committee on Education and Health
02/07/2019Impact statement from DPB (HB2223H1)
02/14/2019Passed by indefinitely in Education and Health with letter (11-Y 4-N) (see vote tally)


Loretta Boesing writes:

I was recently forced to only use mail order pharmacy for my son's medications. In the past, the medications arrived on a 102-degree day without anything to protect his medications from the high heat. Afterward, my son went into transplant rejection. I contacted the manufacturer who does all of the testing of medications who said to throw the medications away after exposure to the high heat. I contacted the mail-order pharmacy and they said to continue using.

As a mom, if I disregarded what the manufacturer suggestions that it is unsafe and continued to put my child's life-saving medication on a hot truck after the manufacturer told me not to do that, I would be criminalized. I would be charged with child neglect.

The trucks reach up to 170 degrees. Mailboxes reach 150 degrees.

After connecting with a medical chemist, there are issues beyond just potency. Medications can become toxic and bioavailability which effects how the medication is released in bloodstreams after reaching high temperatures.

What is happening is unethical. This issue goes far beyond just temperatures. No face to face interaction with a pharmacist for medications that our elderly and chronically ill are taking. Mail-order has many risks of delays, thefts, lost medications, children and dogs have also retrieved these medications that have been left on porches. No one should be forced to this.

Corporations are held to a different standard. We must ensure that patients come first and we need regulators to protect their voters.

I'm begging if you are reading this to please help!!