NH SB247

Pharmacies may decline to fill prescriptions when the pharmacy benefit manager (PBM) reimbursement is less than the pharmacy's acquisition cost for the drug; patients must then be advised to contact their health carrier for alternative fill locations.

Medicaid and Medicaid care management programs are explicitly excluded from these pharmacy contracting standards and protections.

Pharmacy services administrative organizations (PSAOs) must provide contracted pharmacies with copies of any PBM contracts, amendments, payment schedules, or reimbursement rates within 3 calendar days of execution.

Failure by a PSAO to comply with these requirements constitutes a violation of New Hampshire's Consumer Protection Act (RSA 358-A:2), with potential fiscal impact to the Department of Justice estimated at $100,000 to $500,000 depending on complaint volume.

Effective date is January 1, 2026.