Committee receives cleanup bill to align PBM and TPA regulation; administration supports increased licensing authority

Representative Zach Fields presented House Bill 149 as a technical “cleanup” to align the Division of Insurance’s authority to regulate pharmacy benefit managers and third‑party administrators equally, following implementation of last session’s HB 226.

Why it matters: The Division of Insurance told the committee the bill removes implementation gaps that could limit market-conduct examinations and clarifies that PBMs and TPAs are subject to full licensure rather than a lesser registration standard.

Administration view: Heather Carpenter, deputy director of the Division of Insurance, described the bill as “a cleanup piece of legislation.” She told lawmakers that when the division reviewed implementation of last year’s HB 226 it identified omitted examination statutes that left a potential loophole for PBMs to resist market-conduct exams. Carpenter said HB 149 would require PBMs to pay the cost of such exams (as insurers do) and would move PBMs and TPAs to full licensure to eliminate regulatory ambiguity.

Committee action and scheduling: The chair opened public testimony but recorded no speakers. The committee chair said she will bring up the senate companion bill, Senate Bill 134, at the Thursday meeting and set an amendment deadline for the senate companion for Wednesday, May 14 at 12 p.m.; she then set aside House Bill 149 for the present hearing.

What the transcript does not show: There was no committee vote on HB 149 at this hearing; no public testimony was taken on the house companion during this session.