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Subcommittee rejects bill aimed at giving oncology patients choice over specialty drug fulfillment

2136904 · January 21, 2025
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Summary

The subcommittee voted 2‑4 against reporting HB 21‑07, a patient‑choice bill targeting insurer white/brown‑bagging of oncology drugs, so the measure failed to advance.

Delegate Waksman presented House Bill 21‑07 (substitute), a patient choice proposal designed to let patients request that oncology medications be dispensed to and administered by local clinics rather than being routed through insurer‑designated specialty pharmacies (so‑called white bagging or brown bagging practices).

Nut graf: Community oncology providers, hospital systems and patient advocates said insurer and PBM white‑ and brown‑bagging policies create delays, storage and safety problems and waste expensive biologic therapies. Multiple providers gave patient anecdotes: a clinic said a patient waited 38 days for a therapy because of PBM routing, and providers described misdeliveries and weekend delivery attempts that left medications unusable and patients without timely treatment.

Insurer and PBM witnesses opposed the bill, arguing it would prevent plans and employers from using efficient fulfillment models and could raise costs; Doug Gray said some providers markedly mark up drugs, and insurers offer discounted specialty rates through mail order and PBM channels.

Outcome: The committee failed to report the bill, with a vote of 2‑4 against reporting. Supporters urged continued work while opponents said current models offer efficiencies and discounts that benefit some employers and plans.

Ending: Because the subcommittee did not report HB 21‑07, the proposal will not advance this session; proponents said they will continue to press implementation fixes to avoid treatment delays while insurers warned of cost consequences if the mandate were enacted.