HF 2033 (LSB 5784YH (6) 91)

HOUSE FILE 2033

BY  BARKER

A BILL FOR

An Act relating to the provision of accessible prescription-related measures for persons who are blind, have a visual impairment, or other print disability.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  155A.49  Accessible prescription-related measures —— persons who are blind, visually impaired, or have other print disabilities.
   1.  As used in this section, unless the context otherwise requires, “health carrier” means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the commissioner of insurance, including an insurance company offering sickness and accident plans, a health maintenance organization, a nonprofit health service corporation, or a plan established pursuant to chapter 509A for public employees. “Health carrier” does not include any of the following:
   a.  The department of health and human services.
   b.  A policy or contract providing a prescription drug benefit pursuant to 42 U.S.C. ch. 7, subch. XVIII, part D.
   c.  A plan offered or maintained by a multiple employer welfare arrangement established under chapter 513D before January 1, 2022.
   2.  The board shall adopt rules pursuant to chapter 17A to ensure that on or before January 1, 2027, if a person who is blind, has a visual impairment, or other print disability requests access to prescription drug labels, bag tags, and medical guides, a pharmacy provides access to prescription drug labels, bag tags, and medical guides, or refers the person to a pharmacy within a reasonable distance that provides access to prescription drug labels, bag tags, and medical guides. The accessibility measures shall meet all of the following requirements:
   a.  Be provided at no additional cost to such persons.
   b.  After a reasonable development period for the pharmacy, provide required information on prescription drug labels, bag tags, and medical guides in a format that is fully accessible to such persons within a time frame comparable to a person that is not blind, does not have a visual impairment, or other print disability.
   3.  On or before April 1 of each year, the board shall publish a list on the board’s internet site that contains the pharmacies that provide accessibility measures.
   4.  A health carrier shall pay an enhanced dispensing fee to reimburse the costs associated with the accessibility measures under this section.
   5.  This section shall apply to any pharmacy that is dispensing prescription drugs in the state except for the following:
   a.  An institutional pharmacy. For the purpose of this subsection, “institutional pharmacy” means a pharmacy located within a hospital, nursing home, or long-term care facility.
   b.  A pharmacy participating in a prescription drug donation repository program pursuant to chapter 135M, if the drug being dispensed was donated under the program.
   c.  A pharmacy in a jail, a state correctional institution, a federal correctional facility, or a juvenile detention home.
   6.  In adopting rules under this section, the board shall solicit input from persons who are blind, have a visual impairment, or other print disability.
   7.  The rules adopted under this section shall meet all of the following requirements:
   a.  Comply with current guidelines and recommendations from the United States government accountability office, and current industry standards.
   b.  Include a method for providing notice to the public that accessible prescription drug labels, bag tags, and medical guides are available, including notice regarding the availability of the prescription drug labels, bag tags, and medical guides in audio format.
    Sec. 2.  ACCESSIBLE PRESCRIPTION-RELATED MEASURES —— REPORT.  The board of pharmacy shall submit a report to the governor and the general assembly on or before January 1, 2028, that provides a summary of the progress on implementing rules, and recommendations for additional measures to improve accessibility.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the provision of accessible prescription-related measures for persons who are blind, have a visual impairment, or other print disability.
   The bill requires the board of pharmacy (board) to adopt administrative rules on or before January 1, 2027, to ensure that if a person who is blind, has a visual impairment, or other print disability requests access to prescription drug labels, bag tags, and medical guides, a pharmacy provides access to such, or refers the person to a pharmacy within a reasonable distance that provides access to prescription drug labels, bag tags, and medical guides. 
   The bill provides that accessibility measures shall be provided by a pharmacy at no additional cost to such person; and information required to be provided on prescription drug labels, bag tags, and medical guides shall be provided in a format that is fully accessible to such persons within a time frame comparable to a person who is not blind, does not have a visual impairment, or other print disability.
   The bill requires the board to publish, on or before April 1 of each year, a list on the board’s internet site of pharmacies that provide accessibility measures.
   Under the bill, a health carrier shall pay an enhanced dispensing fee to pharmacies to reimburse the costs associated with the bill. “Health carrier” is defined in the bill.
   The bill applies to any pharmacy dispensing prescription drugs in the state except for an institutional pharmacy; a pharmacy participating in a prescription drug repository program under Code chapter 135M, if the drug being dispensed was donated under the program; a pharmacy in a jail, a state correctional institution, a federal correctional facility, or a juvenile detention home. The bill defines “institutional pharmacy”.
   Under the bill, the board is required to solicit input in developing the rules from persons who are blind, have a visual impairment, or other print disability. The rules shall comply with guidelines and recommendations from the United States government accountability office and current industry standards, and shall include a method for providing notice to the public that accessible prescription drug labels, bag tags, and medical guides are available.
   Under the bill, the board shall submit a report to the governor and the general assembly on or before January 1, 2028, that provides a summary on the progress on implementing rules, and recommendations and additional measures to improve accessibility.