PED/INMATE PHARMACY PURCHASING/MONITORING.

View NCGA Bill Details2017-2018 Session
House Bill 1108 (Public) Filed Wednesday, November 28, 2018
AN ACT TO MODIFY INMATE PHARMACY PURCHASING AND MONITORING.
Intro. by Horn.

Status: Ch. SL 2018-143 (House Action) (Dec 14 2018)

SOG comments (1):

Long Title Change

House committee substitute to the 1st edition made changes to the long title. The original title is as follows:

AN ACT TO MODIFY INMATE PHARMACY PURCHASING AND MONITORING, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Bill History:

H 1108/S.L. 2018-143

Bill Summaries:

  • Summary date: Dec 14 2018 - More information

    AN ACT TO MODIFY INMATE PHARMACY PURCHASING AND MONITORING. Enacted December 14, 2018. Effective December 14, 2018.


  • Summary date: Dec 4 2018 - More information

    Senate committee substitute makes the following change to the 3rd edition.

    Modifies proposed GS 143B-707.7, regarding data collection by the Department of Public Safety, Health Services Section, for prescription purchases by prisons. Instead of requiring the data collected to include the total value of each prescription purchased, now requires the inclusion of the total cost of each prescription purchased.


  • Summary date: Dec 4 2018 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Modifies the appropriations provisions in Section 1 of the act, providing for funds to cover the costs of contracting with a consultant with expertise in the federal 340B program. Authorizes up to $25,000 of the funds appropriated to the General Assembly Legislative Services Office in SL 2018-5 for the purpose of developing a State Government Facilities Master Plan, to provide for the consultant costs associated with designing compliant mechanisms for purchasing inmate medications (previously, increased the budget of the General Assembly from the Unappropriated Balance Remaining by $25,000 for the 2018-19 fiscal year).


  • Summary date: Nov 29 2018 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the act's long title.

    Deletes the proposed provisions in Section 1 of the act, which directed the UNC Health Care System (UNCHCS), in cooperation with the Department of Public Safety, Health Services Section (Health Services), to modify its 340B program to provide HIV/AIDS and Hepatitis C medications to inmates.

    Instead, directs the Legislative Services Commission to contract for an expert consultant to prepare a proposal for the federally compliant purchasing of inmate medications through a Disproportionate Share Hospital, including UNCHCS. Requires the proposal to include mechanisms for purchasing treatment drugs for HIV/AIDS, Hepatitis C, cancer, neurological conditions, rheumatic diseases, and other costly medical conditions (the previous version focused on HIV/AIDS and Hepatitis C medications and directed UNCHCS and DPS Health Services to develop a plan for obtaining additional medications through the 340B program). Further requires the proposal to include specific purchasing implementation provisions. Requires the consultant to submit the proposal and any necessary legislative changes to the specified NCGA Office and Committee on or before May 1, 2019.

    Increases the budget of the General Assembly by $25,000 for the 2018-19 fiscal year to cover the cost of the consultant contract (the previous version also provided $25,000 for UNCHCS to hire a legal consultant to assist in the 340B program design).

    Amends proposed GS 143B-707.7 regarding contracting for limited use of local purchase of inmate pharmacy needs. Now requires Health Services to adopt a statewide reimbursement rate for local purchases of limited quantities of medicine and allowing any pharmacy willing to accept the statewide reimbursement rate to participate in the plan (the previous edition directed Health Services to award a statewide contract to a private pharmacy and require prison health staff to use that pharmacy except under extenuating circumstances and with approval). Requires the reimbursement rate to be based on the State Health Plan for Teachers and State Employees reimbursement rate for prescription drugs.

    Changes the effective date to now become effective when the act becomes law (was, July 1, 2019).


  • Summary date: Nov 28 2018 - More information

    Identical to S 825, filed 11/28/18.

    Directs the UNC Health Care System (UNCHCS) to modify its 340B program (a federal discount drug program) regarding its Disproportionate Share Hospital qualification, in cooperation with the Department of Public Safety, Health Services Section (DPS Health Services), and acquire necessary federal approval to provide HIV/AIDS and Hepatitis C medications to inmates. Requires UNCHCS and DPS Health Services to enter into a memorandum of understanding to modify and create policies and procedures regarding obtaining the medications. Directs UNCHCS and DPS Health Services to use telemedicine and the existing infectious disease clinics housed at Central Prison Healthcare Complex for treatment.

    Directs the Office of State Budget and Management to transfer $25,000 for the 2018-19 fiscal year from DPS to UNCHCS to fund a legal consultant to assist with the 340B program design. Additionally allocates $7,000 of the DPS Health Services annual operating budget for federally required program auditing. Directs UNCHCS and DPS Health Services to develop a plan for obtaining additional costly medications such as drugs for cancer treatment through the 340B program.

    Requires UNCHCS and DPS Health Services to report quarterly, beginning October 1, 2019, to the specified NCGA committees and division on the planned program implementation until a 340B program is in operation for purchasing HIV/AIDS and Hepatitis C medications.

    Enacts GS 143B-707.5, creating an annual joint reporting requirement for UNCHCS and DPS Health Services containing annual savings achieved from purchasing inmate medications through a 340B program and any activities or plan to maintain or expand medications purchased through the program.

    Directs DPS Health Services to revise its medication administration protocol to reflect that any supply of a prescription for the treatment of conditions other than HIV with a per-supply value of $1,000 or more be designated as Direct Observation Therapy. Directs DPS to report to the specified NCGA committee regarding the revised protocol by October 1, 2019.

    Enacts GS 143B-707.6, requiring DPS Health Services to collect data on medication losses occurring during inmate transfer and develop internal controls to limit these losses, and investigate losses valued at more than $200. Further, requires DPS to establish disciplinary actions for staff found responsible for inmate medication losses during transfer. Makes DPS Health Services responsible for disciplinary action for their prison staff found responsible for medications lost during inmate transfers and directs DPS Health Services to refer incidents involving custody staff to the appropriate unit for action.

    Directs DPS to conduct an internal audit of its processes for transferring medications during inmate transfer, specifically examining medications losses incurred during 2018-19 and including recommendations for improvement and more accountability. Requires DPS to submit the audit to the specified NCGA committee by December 1, 2019.

    Enacts GS 143B-707.7, directing DPS Health Services to award a statewide contract to a private pharmacy for local purchases of inmate pharmacy needs by October 31, 2019. Requires prison health services staff to use the contracted pharmacy except under extenuating services and with the specified approval. Sets out procedures for DPS Health Services to collect information on all prescription purchases from the contracted pharmacy and outside pharmacy, and establish formal oversight mechanisms.

    Directs DPS to report to the specified NCGA committee by November 1, 2019, on its efforts to award the required contract.

    Effective July 1, 2019.


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