Amendment #5 to H4891

Promoting Health Accessibility by Requiring More Accountability (PHARMA)

Mr. Worrell of Boston moves to amend the amendment by adding the following section:-

SECTION XX. (a) Notwithstanding any general or special law to the contrary, the health policy commission, in consultation with the board of registration in pharmacy and the center for health information and analysis, shall conduct an analysis and issue a report on pharmacy deserts, with the objective of identifying the number of pharmacy deserts in the commonwealth and barriers to access to medications for residents in urban and underserved areas.  For the purposes of this section, a “pharmacy desert” shall mean an area where neighborhood access to pharmacies is low or nonexistent due to factors such as: (i) geographic location; (ii) distance and travel time; and (ii) limited access to transportation, both public and private.

The analysis and report shall include, but not be limited to:

(i)an assessment on impacted neighborhoods and patient populations;

(ii)an assessment on the impact of pharmacy deserts on access to medications and health care outcomes;

(iii)assessment of the geographical and financial barriers to obtaining medications faced by individuals living in pharmacy deserts;

(iv)an assessment of the average distance and travel time to a pharmacy from an impacted neighborhood, and the transportation options available;

(v)an assessment on the impact of pharmacy deserts on overall health care costs, including the costs of emergency department visits and hospitalizations;

(vi)an assessment on the impact of pharmacy benefit manager business practices in contributing to the closures of pharmacies across the commonwealth; and

(vii)policy recommendations to address current pharmacy deserts and limit the creation of new ones.

(b) The report shall be made available electronically on the commission’s website and shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, and the joint committee on health care financing by not later than December 31, 2024.

SECTION XX. Chapter 112 of the General Laws, as so appearing, is hereby by inserting, after section 38 the following new section:-

Section 38A. Any entity who intends to close a pharmacy or pharmacy department registered by the board for the transaction of “drug business”, as defined in section 37, shall notify the board in writing at least 90 days before the intended closing. The entity shall send a copy of the notice to the Health Policy Commission, the members of the General Court who represent the city or town in which the pharmacy or pharmacy department is located, and the clerk of the city or town in which the pharmacy or pharmacy department is located, who shall distribute the notice to the appropriate local officials. Within 15 days of receipt of the notice of the intended closing, the board shall conduct a review to determine whether the intended closing is likely to result in establishment of a pharmacy desert. For the purposes of this section, a “pharmacy desert” shall mean an area where neighborhood access to pharmacies is low or nonexistent due to factors such as: (i) geographic location; (ii) distance and travel time; and (ii) limited access to transportation, both public and private. If the board finds that the intended closing is likely to result in establishment of a pharmacy desert, the board shall conduct a public hearing no later than 60 calendar days prior to the proposed closure date set out in the entity’s notice. At the public hearing, the board shall present information on alternative sources of pharmacy services available to impacted consumers and allow interested parties the opportunity to share comments and concerns about the proposed closure.

Additional co-sponsor(s) added to Amendment #5 to H4891

Promoting Health Accessibility by Requiring More Accountability (PHARMA)