Amendment #3, as changed to S3141

An Action on Prohibiting Pharmacy Deserts

Mr. Worrell of Boston moves to amend the bill by striking out the amendment in its entirety and inserting in place thereof the following:-

Mr. Worrell of Boston moves to amend the bill by inserting after section 11 the following section:-

SECTION 11A. Said chapter 6D is hereby further amended by inserting after section 22 the following section:-

Section 22A. (a) For the purposes of this section, “pharmacy desert” shall have the same meaning as defined in section 38A of chapter 112.

(b) The office of health resource planning, established under section 22, shall conduct a focused assessment not less than every 5 years on supply, distribution and capacity of pharmacy and pharmacological services pursuant to subsection (b) of said section 22. The office, when conducting its focused assessment, shall also identify the number of existing and potential pharmacy deserts in the commonwealth and conduct an analysis of their impact or potential impact on access to pharmacy and pharmacological services for residents of existing and potential pharmacy deserts.

(c) The focused assessment shall include: (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) an 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 factors contributing to the closures of pharmacies across the commonwealth, including population changes, local market dynamics and pharmacy density, changes in consumer purchasing behavior, reimbursement pressure, and supply-side constraints; and (vii) policy recommendations to address current pharmacy deserts and limit the creation of new ones.

(d) The office shall, upon completion of the focused assessment required under subsection (b), present to the board of the commission its findings, and shall file a report with the commission, the center, the department of public health, and the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on health care financing.

And further moves to amend the bill by inserting after section 26 the following section:-

 SECTION 26A. Chapter 112 of the General Laws is hereby amended by inserting after section 38 the following section:-

Section 38A. (a) For the purposes of this section, a “pharmacy desert” shall mean an area where there is no or limited access to pharmacies due to factors including, but not limited to: (i) geographic location, specifically areas where the nearest pharmacy is more than 2 miles away in urban areas, more than 5 miles away in suburban areas, and more than 15 miles away in rural areas; (ii) distance and travel time, defined as travel time exceeding 15 minutes by car or 30 minutes by public transportation; (iii) limited access to transportation, both public and private, including areas with infrequent public transit services or where at least 20 per cent of the population lacks access to private vehicles.

(b) Any entity that intends to close a pharmacy or pharmacy department registered by the board for the transaction of a drug business, as defined in section 37, shall notify the board in writing not less than 60 days before the proposed closure date. The entity shall send a copy of the notice to the members of the general court who represent the municipality in which the pharmacy or pharmacy department is located, and the clerk of the municipality 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 the creation of a pharmacy desert based on the most recent focused assessment performed by the office of health resource planning pursuant to section 22A of chapter 6D. If the board finds that the intended closing is likely to result in the creation of a pharmacy desert, the board shall conduct a public hearing not less than 30 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. Such interested parties may include, but not be limited to, impacted residents, municipal government officials, the members of the general court who represent the municipality in which the pharmacy or pharmacy department is located, local health care providers, and neighborhood associations or other community associations

And further moves to amend the bill by inserting after section 40 the following 2 sections:-

SECTION 40A. The office for health resource planning shall conduct a focused assessment of pharmacy deserts required under section 22A of chapter 6D, inserted by section 22A, and submit its first report to the health policy commission by not later than September 1, 2027.

SECTION 40B. Section 26A shall go into effect on October 1, 2027.

Additional co-sponsor(s) added to Amendment #3, as changed to S3141

An Action on Prohibiting Pharmacy Deserts