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KPhA Advocacy Update: Ensuring Compliance with SB 188

KPhA Members,

I am writing to update you on KPhA's ongoing advocacy efforts regarding Senate Bill 188, which went into effect on January 1, 2025. This landmark legislation strengthens protections against unfair pharmacy benefit manager (PBM) practices, including patient steering, and ensures greater transparency in their operations.

Today, KPhA recently sent a letter to Commissioner Sharon Clark of the Kentucky Department of Insurance, urging the Department to issue clear guidance to PBMs on complying with SB 188. In the letter, we addressed critical concerns, including:
  • The application of SB 188 to PBMs managing ERISA-governed plans.
  • Its reach over out-of-state plans operating in Kentucky.
  • The interpretation of frequent provider manual updates as contract amendments under SB 188.
Additionally, we requested that the Department explicitly clarify that ERISA preemption does not apply to SB 188, ensuring its consistent enforcement to protect Kentucky providers and patients.

You can read the full letter here.

Your support is essential in amplifying this effort. We encourage you to share your experiences with PBM practices and how they impact your patients and businesses. This feedback helps us strengthen our advocacy and demonstrate the importance of these protections to policymakers.
Thank you for your continued commitment to advancing pharmacy practice in Kentucky. Please do not hesitate to reach out with any questions or concerns.
Best regards,

Ben Mudd, PharmD
Executive Director

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