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Committee backs bill requiring network pharmacies to dispense short emergency supplies when mail‑order deliveries fail

Health Coverage, Insurance and Financial Services Committee · February 4, 2026

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Summary

The committee approved LD 2005 as amended, directing pharmacy benefits managers to allow network pharmacies to dispense up to a seven‑day supply (or the smallest pre‑packaged dose) when a mail‑order prescription is delayed or arrives unusable, and to ensure patients are charged no more than one copayment for the same drug. Industry suggested shortening the window to three days; committee adopted the seven‑day language.

The committee voted to pass LD 20 05 with an amendment aimed at protecting patients who rely on mail‑order pharmacies. Analyst Colleen said the amendment would require a network pharmacy to provide up to a seven‑day supply (or the smallest prepackaged unit) when a mail‑order delivery is delayed by more than one day or arrives unusable. The amendment also prohibits a patient from being charged more than one copayment for the same drug dispensed to address the delay.

Representative Foley raised a practical concern: "How do they fill it without the actual prescription from the doctor?" Colleen and staff explained that the requirement is limited to in‑network pharmacies and that PBMs commonly share prescription information electronically with network pharmacies so those pharmacies can access and fill the prescription.

Members discussed whether to prorate copayments or limit the supply the local pharmacy may dispense; the chair said the amendment is intended to ensure a patient pays a single copayment for the same prescription overall, however it is filled. Representative Klutcher moved to pass as amended and the motion carried by roll call, 12–0.

The committee directed staff to ensure the amendment's language accommodates reasonable operational practices of PBMs and network pharmacies and to return any suggested technical edits during language review.