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Senate Co-Sponsorship Memoranda

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Senate of Pennsylvania
Session of 2017 - 2018 Regular Session


Posted: June 1, 2018 03:35 PM
From: Senator Ryan P. Aument
To: All Senate members
Subject: Prohibiting the Pharmaceutical Gag Clause
In the near future, I will be introducing legislation that will allow pharmacists/pharmacies to disclose information to patients that could reduce their out-of-pocket costs for medications and allow patients to receive the lowest price available on all prescription medications.

When pharmacy benefit managers (PBM’s) contract with pharmacies, the contracts usually contain a gag clause, which prohibits pharmacists from disclosing information to their patients that could substantially reduce the patient's out-of-pocket costs for their prescription medications.

For example, for many less expensive, generic medicines, co-pays can often be more expensive than if the patient simply paid out of pocket and bypassed their insurance. This legislation will allow pharmacists to disclose prescription drug cost information to a patient that would allow the patient to get the best price for all of their medications.

This issue is a growing concern for local pharmacies in my district and around the state. Pharmacists have expressed frustration with these gag clauses and their interference with the pharmacist/patient relationship.

My legislation will allow for honest transparency to consumers on prescription medication prices and the options available to them for an informed decision. It would stop the stranglehold PBM’s hold over community pharmacies and may effectively lower the overall medication costs for patients.

I hope you will join me in cosponsoring this important legislation.

Introduced as SB1110