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SB 247 · 2026 · Senate · Health and Human Services Committee

Pharmacy reimbursement protections

AI-generated

prohibiting network exclusion for pharmacies that refuse to dispense a prescription of the PBM reimbursement that is below the pharmacy's acquisition cost.

Permits pharmacies to decline filling prescriptions when reimbursement from a pharmacy benefits manager is below acquisition cost, excludes Medicaid from this option, and makes noncompliance with related standards a consumer protection violation.AI-generated

Status

Referred to interim study (House) · January 7, 2026
  1. ✓Introduced
  2. ✓Senate
  3. ✕House
  4. Governor
  5. Law

Analysis

This bill: I. Permits a pharmacy to decline to fill a prescription if reimbursement from the pharmacy benefits manager is less than the pharmacy's acquisition cost and excludes Medicaid and Medicaid care management from this option and other provider contract standards. II. Defines pharmacy services administrative organization for purposes of pharmacy and PBM contract requirements; and makes the failure of a pharmacy services administrative organization to comply with such requirements a violation of the consumer protection act.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the Senate. Passages chosen from the operative text.Computed by this site

“All contracts between a carrier or pharmacy benefit manager and a contracted pharmacy shall include:”
Section 1
“Nothing in this section shall be construed to apply to Medicaid or Medicaid care management.”
Section 2
“Pharmacy services administrative organizations shall provide the contracted pharmacy a copy of any contract with a pharmacy benefit manager, and amendments, payment schedules, or reimbursement rates, within 3 calendar days after the execution of a contract, or an amendment to a contract, signed on behalf of the independent pharmacy.”
Section 3
“A provision requiring that, if the appeal is denied, the carrier or pharmacy benefit manager shall:”
Section 1

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. David RochefortRPrimeChair· Health and Human Services
  • Sen. Kevin AvardRVice Chair· Health and Human Services
  • Sen. Daniel InnisRChair· Commerce
  • Rep. Brian ColeRVice Chair· Housing
  • Rep. Carry SpierDDeputy Ranking Member· Commerce and Consumer Affairs

Public testimony

No one submitted online testimony on this bill. See the record

Votes

yeanay
Starting text: Bill as introduced
  • Mar 27, 2025SenateCommittee report: Ought to Pass with Amendment # 2025-1173s5–0
    Overall
    100% yea
  • Mar 27, 2025SenateVoice voteCommittee amendment 2025-1173sfailed
  • Mar 27, 2025SenateVoice voteSen. Birdsell Floor Amendment # 2025-1401sadopted
  • Mar 27, 2025SenateVoice voteOught to Pass with Amendment #2025-1401sadopted
    Resulting text: Bill as amended by the Senate
  • Oct 28, 2025HouseCommittee report· consent calendarCommittee report: Refer for Interim Study17–0
    Overall
    100% yea
  • Jan 7, 2026HouseVoice voteRefer for Interim Studyadopted

Hearings and debates

  • Mar 12, 2025Public hearingSenate Health and Human Services46:47–1:08:3921m 52slocated in the stream transcriptHearing
  • Mar 27, 2025Floor debateSenate floor5:07:08–5:11:033m 55slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2025-1173s; Ought to Pass with Amendment #2025-1401s — adopted, voice vote; Committee Amendment # 2025-1173s — failed, voice vote
  • Apr 23, 2025Public hearingHouse Commerce and Consumer Affairs1:57:54–1:59:311m 37slocated in the stream transcriptPublic Hearing
  • May 7, 2025Public hearingHouse Commerce and Consumer AffairsWatchnot located in the transcript — opens the full streamSubcommittee Work Session
  • May 27, 2025Public hearingHouse Commerce and Consumer Affairs4:24:19–4:26:242m 5slocated in the stream transcriptExecutive Session
  • Sep 10, 2025Public hearingHouse Commerce and Consumer Affairs9:17–10:241m 7slocated in the stream transcriptFull Committee Work Session
  • Oct 28, 2025Public hearingHouse Commerce and Consumer Affairs2:12:54–2:15:573m 3slocated in the stream transcriptCommittee Report: Refer for Interim Study; Executive Session
  • Jan 7, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamRefer for Interim Study — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 9, 2025SenIntroduced 01/09/2025 and Referred to Health and Human Services; SJ 3
  2. Mar 12, 2025SenHearing: 03/12/2025, Room 101, LOB, 10:30 am; SC 12
  3. Mar 27, 2025Sen: Ought to Pass with Amendment # 2025-1173s, 03/27/2025; Vote 5-0; CC; SC 14
  4. Mar 27, 2025SenSB 247 was Removed from the Consent Calendar; 03/27/2025; SJ 9
  5. Mar 27, 2025SenCommittee Amendment # 2025-1173s, AF, VV; 03/27/2025; SJ 9
  6. Mar 27, 2025SenSen. Birdsell Floor Amendment # 2025-1401s, AA, VV; 03/27/2025; SJ 9
  7. Mar 27, 2025SenOught to Pass with Amendment #2025-1401s, MA, VV; OT3rdg; 03/27/2025; SJ 9
  8. Mar 27, 2025HouseIntroduced (in recess of) 03/27/2025 and referred to Commerce and Consumer Affairs HJ 11 P. 113
  9. Apr 23, 2025HousePublic Hearing: 04/23/2025 11:00 am LOB 302-304
  10. May 7, 2025HouseSubcommittee Work Session: 05/07/2025 10:00 am LOB 302-304
  11. May 27, 2025HouseExecutive Session: 05/27/2025 01:15 pm LOB 302-304
  12. May 28, 2025HouseRetained in Committee
  13. Sep 10, 2025HouseFull Committee Work Session: 09/10/2025 10:00 am GP 229
  14. Oct 28, 2025HouseExecutive Session: 10/28/2025 11:00 am GP 229
  15. Oct 28, 2025House: Refer for Interim Study 10/28/2025 (Vote 17-0; CC) HC 51 P. 5
  16. Jan 7, 2026HouseRefer for Interim Study: MA VV 01/07/2026 HJ 1 P. 46

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.