FISCAL NOTE

Date Requested: February 20, 2020
Time Requested: 09:50 AM
Agency: Public Employees Insurance Agency (PEIA)
CBD Number: Version: Bill Number: Resolution Number:
3046 Introduced SB762
CBD Subject: Insurance


FUND(S):

PEIA Basic Insurance

Sources of Revenue:

Special Fund

Legislation creates:

Increases Existing Expenses



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The purpose of this bill is to ensure that covered persons who are stable on their biological product prescription drug regimens, as determined by the prescribing provider, have continuous care and that third-party payers cannot make restrictive changes to their formularies after a plan year has begun or has been renewed, resulting in increased cost-sharing or loss of access to a medication—a practice referred to as “nonmedical switching.” This bill will increase healthcare costs to PEIA’s members. By limiting the changing of formulary tiers, there is less ability to promote and increase lower cost generic drug utilization. Under current practice, members are notified of a formulary change and given an option to appeal and stay on their biologic product at the same tier cost. The Food and Drug Administration reviews new pharmaceuticals. When effective and cheaper drugs become available, there should not be prohibitions to its utilization in favor of more expensive options. Current estimates indicate the PEIA plan will see an increase in costs of $800,000. This is due to lost copay differential and rebates worth $700,000 and an additional $100,000 for a custom formulary. As currently written, this bill applies only to biologic drugs. In the event this bill was expanded to all drug classifications, the PEIA plan would see an estimated $13 million in increased costs due to loss of manufacturer rebates.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2020
Increase/Decrease
(use"-")
2021
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 800,000 800,000
Personal Services 0 0 0
Current Expenses 0 800,000 800,000
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.



Memorandum


Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.



    Person submitting Fiscal Note: Jason Haught
    Email Address: jason.a.haught@wv.gov