Session of 1999
House Concurrent Resolution No. 5024
By Representative Tanner
(By Request)

10             A  CONCURRENT RESOLUTION requesting enactment of legislation
11             regarding the regulation and reduction of prescription drug prices.
14             WHEREAS,  Kansas is one of 24 states that have a Silver Haired Leg-
15       islature and the Kansas Silver Haired Legislature conducted its 16th An-
16       nual Session in October of 1998; and
17             WHEREAS,  The Kansas Silver Haired Legislature adopted SHL Res-
18       olution No. 1506 which requested the enactment of legislation regarding
19       regulation and reduction of prescription drug prices; and
20             WHEREAS,  The manufacturing of prescription drugs is dominated
21       by a relatively small number of pharmaceutical companies which establish
22       the market value of its products and influence all others; and
23             WHEREAS,  Such pharmaceutical companies encourage pharmacists
24       and physicians to replace a patient's generic drug with a brand name drug
25       even though the generic drug is working well; and
26             WHEREAS,  Some brand name drugs are often more expensive than
27       the generic drug: Now, therefore,
28             Be it resolved by the House of Representatives of the State of Kansas,
29       the Senate concurring therein: That the the Kansas Legislature should
30       enact legislation prohibiting any third-party administrator, health main-
31       tenance organization or health insurance plan which offers a drug benefit
32       plan from restricting the prescribing or dispensing of generic drugs; and
33             Be it further resolved: That such legislation should include provisions
34       requiring that:
35             (a) Health care service plans which provide prescription drug benefits
36       and maintain one or more drug formularies make available a copy of the
37       most recent or current list of prescription drugs in the formulary by major
38       therapeutic categories to the client; and
39             (b) if prior authorization is required for certain drugs, a response to
40       a request for a drug authorization must be made by the plan administrator
41       within 24 hours or during the next business day, whichever is sooner, by
42       telephone or telefaxsimilie; and
43             (c) health care service plans maintain an expedited process by which
44       a prescribing provider can obtain information pertaining to prescription
45       drug benefits.