New Hampshire Lawmakers Seek Stronger PBM Reform

Legislators in New Hampshire are actively pursuing PBM reform through legislation and regulatory action. This year, two omnibus bills have been introduced and scheduled for hearings in January. The first bill, SB 547, would broaden the definition of a PBM to include self-funded employers and third-party administrators, including a fiduciary duty requirement between a PBM and a health plan, as well as place new restrictions on steering to affiliated pharmacies, a spread pricing prohibition, and require additional reporting to the state.

The second bill, SB 478, would require PBMs to delink any compensation from the list price of a drug for the state-administered plan, while also making a delinked and pass-through option broadly available to employers in the state. The bill also aims to protect 340B safety net providers from discriminatory practices and provide parity access on formularies for all biosimilar medications, among other provisions.