Notwithstanding any general or special law to the contrary, there shall be a special commission established to assess contracts between the MassHealth program and pharmaceutical benefit managers following a report commissioned by Ohio’s Medicaid program that found in 2017 pharmaceutical benefit managers billed its managed care payers $223 million more than what pharmaceutical benefit managers paid in pharmacy costs. The commission shall be tasked with, but not be limited to, evaluating the possible transition of MassHealth from its existing drug purchasing contract model with pharmaceutical benefit managers to a pass-through model.
The commission shall consist of 10 members: the state auditor, or a designee; the secretary of health and human services, or a designee; the director of MassHealth, or a designee; the director of insurance, or a designee; the speaker of the house of representatives, or a designee; the senate president, or a designee; the minority leader of the house of representatives, or a designee; the minority leader of the house, or a designee; one member who shall advocate on behalf of pharmaceutical benefit managers, to be appointed by the governor; and one member who shall advocate on behalf of pharmacies, to be appointed by the governor.
The commission shall submit its report and findings, along with any draft of legislation, to the house and senate committees on ways and means, the joint committee on health care financing, and the clerks of the house of representatives and the senate within 1 year of the passage of this act.
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