Bismarck — The Senate on Monday adopted committee amendments to House Bill 15‑84, a bill to license and regulate pharmacy benefit managers (PBMs) and grant the Insurance Commissioner authority to enforce existing PBM laws.
Senator Barta, presenting the amendments, described multiple changes to the bill’s application and fee structures, including adding an electronic mail address requirement to PBM applications, clarifying application procedures, and authorizing the Insurance Commissioner to charge fees with an established cap. The amendments also created a continuing appropriation mechanism and directed the Office of Management and Budget (OMB) to transfer funds from the drug pricing fund (funded by the Board of Pharmacy) to the Insurance Regulatory Trust Fund for enforcement purposes.
On staffing, section 13 addresses FTEs and gives the commissioner authority to adjust positions. Barta told the chamber that other states experienced large volumes of complaints and investigations after assuming PBM oversight, so flexibility on staffing was important. The committee recommended that the amendments be adopted and that the bill be re‑referred to Appropriations for further fiscal consideration.
Floor questions focused on potential FTE needs; Barta said the insurance department provided neutral testimony and recommended staffing flexibility because the volume of complaints is uncertain. The committee adopted the amendments by voice vote and the chamber concurred.
Next steps: The bill will go to the Appropriations Committee for further review of fiscal and staffing implications before final passage votes.