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H 7814Pharmaceuticals

Food and Drugs - Prescription Benefit Manager Accountability Act

Mandates insurance managers cover specific prescribed drugs without substitution if a doctor provides a notarized letter certifying medical necessity.

Introduced
Population
Affected
45
Introduced Feb 26, 2026Committee House Health & Human Services

Plain-English Summary

This legislation, titled the "Prescription Benefit Manager Accountability Act," establishes new regulations for Prescription Benefit Managers (PBMs). It mandates that PBMs must cover a specific prescribed medication without substitution or "step therapy" requirements if the prescribing doctor submits a notarized letter confirming the drug's medical necessity and the ineffectiveness of alternatives. Furthermore, the bill requires that any denial of coverage be reviewed by a licensed healthcare professional with specific expertise in that medical field. PBMs must also document the reviewer's credentials and the clinical reasons for any denial.

For younger readers

Sometimes, when a doctor prescribes a medicine, the company managing the insurance plan tries to swap it for a different, cheaper medicine or makes the patient try other medicines first. This bill creates a new rule. It says that if a doctor writes a special official letter promising that a specific medicine is the only one that will work for the patient, the insurance managers have to say "yes" and pay for it. They cannot force the patient to try other things. It also makes sure that only actual experts can say "no" to a medicine.

Who & Where It Applies

Impacted groups
PatientsDoctorsPrescription Benefit ManagersHealth InsurersPharmacists
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Prioritizes patient health and physician expertise over corporate profit motives by preventing Prescription Benefit Managers from denying necessary care for financial reasons.
  • Eliminates "step therapy" or "fail first" protocols for patients with a notarized letter, ensuring vulnerable populations receive effective treatment immediately rather than suffering through ineffective alternatives.
  • Increases transparency and accountability within the healthcare system by requiring denials to be reviewed and documented by qualified healthcare professionals rather than administrative staff.
  • The requirement for a "notarized letter" creates a bureaucratic barrier that may disproportionately affect low-income patients whose doctors in underfunded clinics may not have the time or resources to fulfill this administrative step.
  • By mandating coverage of specific, potentially expensive brand-name drugs without negotiation, insurance premiums may rise, which burdens the working class and poor.
  • Fails to address the systemic issue of high pharmaceutical pricing, offering a patch for coverage disputes rather than comprehensive healthcare reform.
For Conservatives
  • Protects the sanctity of the doctor-patient relationship by ensuring that medical decisions are made by practioners rather than third-party corporate administrators.
  • Empowers consumers to receive the exact product/service they and their doctors deem necessary, rather than a substitute dictated by a middleman.
  • Ensures that denials are based on actual medical expertise, preventing arbitrary administrative decisions that could be viewed as a breach of the implied service contract.
  • Constitutes significant government interference in the free market by dictating the terms of contracts between private insurers/PBMs and their customers.
  • Likely to drive up the cost of health insurance for all business owners and individuals by removing cost-control mechanisms like formularies and step therapy.
  • Expands the power of the Attorney General to intervene in private business practices by classifying violations as "unfair or deceptive acts."

Votes

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Full Bill Text

Changes to existing Rhode Island law · 35 additions

SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby amended by adding thereto the following chapter: 21-38-1. Short title. This act shall be known and may be cited as "Prescription Benefit Manager Accountability Act". 21-38-2. Definitions.

(a) "Prescription benefit manager" or "PBM" means any person or entity that administers or manages prescription drug benefits on behalf of a health insurer, health plan, or other third party payer.

(b) "Prescribing practitioner" means a physician or other health care provider licensed and authorized under the laws of this state to prescribe prescription medications. 21-38-3. Mandatory fulfillment of prescribed medication.

(a) Whenever a prescribing practitioner prescribes a specific medication for a patient, the prescription benefit manager or any entity responsible for processing or approving the prescription shall approve and authorize coverage of that specific medication as written if the prescribing practitioner submits a notarized letter stating:

(1) The medical necessity for the specific medication prescribed; and

(2) That alternative medications are not as effective or are not clinically appropriate for the patient.

(b) Upon receipt of the notarized letter described in subsection (a) of this section, the prescription benefit manager shall not substitute, deny, or require step therapy for a different medication. 21-38-4. Denial requirements and medical review.

(a) Any denial of a prescribed medication shall be made only after review by a licensed health care professional with documented medical expertise in the specific medication or the medical condition for which it is prescribed.

(b) The prescription benefit manager shall document, at the time of denial:

(1) The name, license number, and specialty of the reviewing health care professional;

(2) The relevant medical expertise; and

(3) The clinical basis for the denial.

(c) Such documentation shall be provided to the prescribing practitioner and the patient upon request. 21-38-5. Enforcement.

(a) Any violation of this chapter shall constitute an unfair or deceptive act or practice and may be enforced by the attorney general.

(b) The department of health may promulgate rules and regulations necessary to implement this chapter.

SECTION 2. This act shall take effect upon passage.