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.
Senate committee substitute makes the following changes to the 1st edition.
Deletes proposed GS 58-56A-2 (Pharmacy of choice). Makes conforming technical changes.
Amends proposed GS 58-56A-3 (Consumer protection). Establishes that a pharmacy or pharmacist has the right to provide an insured information regarding the amount of the insured's cost share for a prescription drug (previously, prohibited a pharmacy benefits manager from prohibiting a pharmacist or pharmacy from providing an insured information regarding the amount of the insured's cost share for a prescription drug and the clinical efficacy of a lower-priced alternative drug if one is available). Modifies and adds to subsection (b) to prohibit a pharmacy benefits manager from prohibiting, through contract, a pharmacy from offering and providing direct and limited delivery services to an insured as an ancillary service of the pharmacy, as delineated in the contract between the pharmacy benefits manager and the pharmacy. Provides in subsection (c) that a pharmacy benefits manager cannot charge or attempt to collect from an insured a co-payment that exceeds the total submitted charges by the network pharmacy (previously specified for which the pharmacy is paid). Deletes subsection (d), making a violation an unfair and deceptive trade practice and actionable under GS Chapter 75.
Amends proposed GS 58-56A-4 (Pharmacy and pharmacist protections) to now provide that a pharmacy benefits manager can only charge a fee or otherwise hold a pharmacy responsible for a fee relating to the adjudication of a claim if the fee is reported on the remittance advice of the adjudicated claim or is set out in contract between the pharmacy benefits manager and the pharmacy. Adds that the statute does not apply with respect to claims under an employee benefit plan under the Employment Retirement Security Act of 1974 or Medicare Part D. Deletes proposed subsections (b) (prohibiting a pharmacy benefits manager from recouping 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, and from retaliating against a pharmacist or pharmacy for exercising rights under GS Chapter 58), (c) (providing that the statute does not apply to licensed group health maintenance organizations with an exclusive medical group contract that operate their own pharmacies), and (d) (making a violation an unfair and deceptive trade practice and actionable under GS Chapter 75, and stating that the statute does not foreclose other available remedies).
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