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HB1539
HOUSE OF REPRESENTATIVES
H.B. NO.
1539
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to prescription drugs
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that allowing for
meaningful choice in how consumers access prescription medication has numerous
benefits, including cost savings, convenience, and improved medication
adherence.
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As Hawaii residents continue to face
economic hardship, the legislature finds that there is an obligation to explore
all opportunities for cost savings, especially those that do not compromise
quality or access to care.
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Mail-order
pharmacies can reduce copayments by thirty-three per cent, improve adherence to
maintenance medications, and help address retail shortages that often force
patients to pay for higher-cost brand-name drugs or visit multiple locations.
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These savings also extend to employer groups that
pay a significant share of health plan premiums under the Prepaid Health Care
Act.
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With evolving technology, these
potential cost savings and conveniences can be passed on to consumers while
preserving their ability to choose how they receive their medications.
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By expanding access to use of mail order
pharmacies, the State will be better able to improve access, lower prescription
drug costs, and support better health outcomes.
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Accordingly, the purpose of this Act
is to repeal certain prohibitions on the imposition of fees, conditions, or
requirements on community retail pharmacies that are not imposed on mail order
pharmacies.
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SECTION
2
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Section 431R-3,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as
follows:
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"(b)
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A prescription drug benefit plan,
health benefits plan
under chapter 87A,
or pharmacy benefit manager who
has entered into a contractual retail pharmacy network agreement with a retail
community pharmacy shall not:
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(1)
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Require a
beneficiary to exclusively obtain any prescription from a mail order pharmacy;
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(2)
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Impose upon a
beneficiary utilizing the retail community pharmacy a copayment, fee, or other
condition not imposed upon beneficiaries electing to utilize a mail order
pharmacy;
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(3)
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Subject any
prescription dispensed by a retail community pharmacy to a beneficiary to a
minimum or maximum quantity limit, length of script, restriction on refills, or
requirement to obtain refills not imposed upon a mail order pharmacy;
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(4)
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Require a
beneficiary in whole or in part to pay for any prescription dispensed by a
retail community pharmacy and seek reimbursement if the beneficiary is not
required to pay for and seek reimbursement in the same manner for a
prescription dispensed by a mail order pharmacy;
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(5)
]
(2)
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Subject a beneficiary to any
administrative requirement to use a retail community pharmacy that is not
imposed upon the use of a mail order pharmacy; or
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[
(6)
]
(3)
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Impose any other term, condition, or
requirement pertaining to the use of the services of a retail community
pharmacy that materially and unreasonably interferes with or impairs the right
of a beneficiary to obtain prescriptions from a retail community pharmacy of
the beneficiary's choice."
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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Mail
Order Pharmacies; Community Retail Pharmacies; Prohibitions
Description:
Repeals certain prohibitions on the imposition of fees,
conditions, or requirements on community retail pharmacies that are not imposed
on mail order pharmacies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.