Bill Summary for S 384 (2017-2018)

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Summary date: 

Mar 23 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 384 (Public) Filed Thursday, March 23, 2017
AN ACT TO AMEND THE LAW REGARDING THE USE OF MOTIONS FOR APPROPRIATE RELIEF; TO CLARIFY THE DEFINITION OF "FELONY OFFENSE" FOR PURPOSES OF THE HABITUAL FELON LAW AND TO REMOVE THE SUNSET ON DRIVERS LICENSE ELIGIBILITY FOR PERSONS CONVICTED OF HABITUAL IMPAIRED DRIVING; TO INCLUDE BREAKING AND ENTERING WITH THE INTENT TO TERRORIZE AS A HABITUAL BREAKING AND ENTERING STATUS OFFENSE; TO CLARIFY THAT WHEN A PERSON IS CHARGED WITH AN OFFENSE WHICH REQUIRES MANDATORY FINGERPRINTING, FINGERPRINTING WILL BE ORDERED BY THE COURT IF THE OFFENDER WAS NOT ARRESTED AND FINGERPRINTED AT THE TIME OF THE OFFENSE; AND TO PROVIDE THAT A PRIVATE CITIZEN'S SHOWING OF PROBABLE CAUSE TO THE MAGISTRATE SHALL INCLUDE SUFFICIENT INFORMATION SUPPORTED BY OATH OR AFFIRMATION THAT A CRIME HAS OCCURRED AND SHALL ISSUE AS A SUMMONS UNLESS A SUBSTANTIAL LIKELIHOOD EXISTS THAT THE DEFENDANT WILL NOT RESPOND TO A SUMMONS; AND TO AMEND THE SHERIFF'S SUPPLEMENTAL PENSION FUND.
Intro. by Britt, Rabon, Meredith.

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Bill summary

Amends GS 58-56A-1 to define insured andpharmacist.

Enacts new GS 58-56A-2 (Pharmacy of choice), directing a pharmacy benefits manager to comply with pharmacy of choice requirements under GS 58-51-37.

Enacts new GS 58-56A-3 (Consumer protections). Pharmacy benefits managers may not (1) prohibit pharmacists and pharmacies from providing an insured information regarding cost share and the clinical efficacy of lower-price alternative drugs or to penalize the pharmacist or pharmacy for doing so; (2) prohibit a pharmacist or pharmacy from offering and providing store direct delivery services to an insured; or (3) charge, or attempt to collect from, an insured a co-payment exceeding the total submitted charges by the network pharmacy for which the pharmacy is paid. Violation is an unfair and deceptive trade practice and actionable under GS Chapter 75. Does not foreclose other remedies.

Enacts new GS 58-56A-4 (Pharmacy and pharmacist protections). Pharmacy benefits managers may not (1) charge a fee, or otherwise hold a pharmacist responsible for costs relating to the adjudication of a claim, or (2) recoup funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with GS Chapter 58, Article 4C, unless permitted by law, or (3) retaliate against a pharmacist or pharmacy for exercising rights under GS Chapter 58. Does not apply to licensed group health maintenance organizations with an exclusive medical group contract that operates their own pharmacies. Violation is an unfair and deceptive trade practice actionable under GS Chapter 75. Does not foreclose other remedies.

Directs the Commissioner of Insurance to adopt rules to implement this act.

Effective October 1, 2017, and applies to all contracts entered into, renewed, or amended on or after that date.