Delaware 2025-2026 Regular Session

Delaware Senate Bill SB271

Introduced
3/26/26  

Caption

An Act To Amend Title 18 Of The Delaware Code Relating To Pharmacy Benefits Managers.

Impact

The new regulations are anticipated to significantly alter the landscape for pharmacies in Delaware by limiting the frequency and scope of audits conducted by PBMs. Specifically, it restricts audits to a maximum of once every twelve months, thereby providing a more stable operational environment for pharmacies. Furthermore, the bill extends the timeframe for pharmacies to appeal reimbursement decisions from ten days to forty days. This change is expected to empower pharmacies to dispute unfair reimbursements more effectively, ideally leading to fairer compensation for their services.

Summary

Senate Bill 271 aims to amend Title 18 of the Delaware Code to enhance regulations concerning pharmacy benefits managers (PBMs). This legislation introduces a comprehensive set of procedural protections for pharmacies, pharmacists, and consumers, focusing on transparency and accountability in the operations of PBMs. Among its key provisions, the bill mandates that PBMs provide clear advance notice of audits and establishes uniform standards for conducting such audits, thereby safeguarding pharmacies against frequent and potentially burdensome evaluations.

Sentiment

The overall sentiment expressed in discussions surrounding SB 271 has been predominantly positive, particularly among pharmacy stakeholders and consumer advocacy groups. They commend the bill for its intent to bolster pharmacy autonomy and improve patient care access by reducing administrative burdens placed by PBMs. However, there remain concerns from some PBMs about the potential for increased costs due to higher administrative demands and the risk of limiting their operational flexibility.

Contention

Notably, the bill addresses the issue of 'spread pricing' and mandates that PBMs cannot impose audit-related costs on pharmacies. Additionally, it prohibits any form of retaliation against pharmacies who disclose information regarding potential violations of state or federal laws. This aspect of the bill has sparked debate among stakeholders about the balance between ethical business practices and PBM operational guidelines. If enacted, these provisions could redefine professional relationships in the healthcare supply chain and enhance the protection of pharmacy rights within the team-oriented healthcare model.

Companion Bills

No companion bills found.

Previously Filed As

DE SB86

An Act To Amend Title 29 Of The Delaware Code Relating To The Delaware Volunteer Fire Service Revolving Loan Fund.

DE SB70

An Act To Amend Title 24 Of The Delaware Code Relating To Genetic Counselors.

DE SB159

An Act To Amend Title 26 Of The Delaware Code Relating To Public Utilities.

DE SB260

An Act To Amend Title 14 Of The Delaware Code Relating To The Delaware Certificate Of Arts Excellence.

DE HB17

An Act To Amend Title 16 Of The Delaware Code Relating To Certificate Of Public Review.

DE HB50

An Act To Amend Titles 7 And 29 Of The Delaware Code Relating To Energy Assistance.

DE HB22

An Act To Amend Title 21 And Title 24 Of The Delaware Code Relating To Constables.

DE HB240

An Act To Amend Title 9 And Title 14 Of The Delaware Code Relating To School And County Taxes.

DE HB291

An Act To Amend Title 11 Of The Delaware Code Relating To Prisons And Prisoners.

DE SB4

An Act To Amend Title 29 Of The Delaware Code Relating To The Office Of Inspector General.

Similar Bills

AR SB593

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act; And To Create The Pharmacy Services Administrative Organization Act.

AR SB475

To Establish The Pharmacy Services Administrative Organization Act; And To Regulate Pharmacy Services Administrative Organizations.

CA SB41

Pharmacy benefits.

AZ HB2813

Pharmacy benefits; workers' compensation

AZ HB2429

Pharmacy benefits; pharmacy management networks

AZ HB4124

Health insurance; pharmacy; reimbursement rates

CA AB910

Pharmacy benefit management.

AR HB1602

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act; To Establish Fees Under The Arkansas Pharmacy Benefits Manager Licensure Act; And To Require Reporting Of Certain Information By A Pharmacy Benefits Manager.