Montana legislation · 2025 Regular Session
Montana HB740: Revise laws relating to pharmacies, pharmacy benefit managers, and other entities
Status: Signed into law, May 8, 2025
What the bill says
An act generally revising laws relating to pharmacies, pharmacy benefit managers, and other entities; providing laws relating to the recoupment of funds; providing definitions; revising laws related to maximum allowable cost or the reference price list; prohibiting certain fees; amending sections 33-2-2005, 33-22-170, 33-22-171, 3322-172, 33-22-175, and 33-22-177, mca; and providing an applicability section and a termination date.
From the engrossed text:
AN ACT GENERALLY REVISING LAWS RELATING TO PHARMACIES, PHARMACY BENEFIT MANAGERS, AND OTHER ENTITIES; PROVIDING LAWS RELATING TO THE RECOUPMENT OF FUNDS; PROVIDING DEFINITIONS; REVISING LAWS RELATED TO MAXIMUM ALLOWABLE COST OR THE REFERENCE PRICE LIST; PROHIBITING CERTAIN FEES; AMENDING SECTIONS 33-2-2005, 33-22-170, 33-22-171, 3322-172, 33-22-175, AND 33-22-177, MCA; AND PROVIDING AN APPLICABILITY SECTION AND A TERMINATION DATE. Section 1. Section 33-2-2005, MCA, is amended to read: "33-2-2005. Prohibitions -- recoupment -- payment -- interest. An entity conducting an audit may not: (1) include dispensing fees unless a prescription was not actually dispensed, the prescriber denied authorization, the prescription dispensed was a dispensing error by the pharmacy, or the identified overpayment is based solely on an extra dispensing fee; (2) recoup funds for prescription clerical or recordkeeping errors, including typographical errors, scrivener's errors, and computer errors, in a required document or record unless the error results in actual financial harm to the entity or to a consumer; (3) collect any funds, charge-backs, or penalties until the audit and all appeals are final unless the entity is alleging fraud or other intentional or willful misrepresentation that is evidenced by the review of claims data, statements, physical review, or other investigative methods; (4) use extrapolation or other statistical expansion techniques in calculating the amount of any recoupment or penalty; (5) pay the …
Sponsors
- Bertoglio, Marta (R, 75) · primary sponsor
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Revised Fiscal Note Printed
- : (H) Fiscal Note Unsigned
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (H) 3rd Reading Senate Amendments
Votes
- Do Concur (April 18, 2025): 63 yea, 35 nay, passed
- Do Concur (April 17, 2025): 92 yea, 7 nay, passed
- Do Concur (April 12, 2025): 39 yea, 11 nay, passed
- Do Concur As Amended (April 10, 2025): 27 yea, 22 nay, passed
- AMD-HB0740.004.001 Usher D/PASS (April 10, 2025): 49 yea, 0 nay, passed
- Do Pass (March 7, 2025): 98 yea, 1 nay, passed
Subjects: Contracts
Common questions
- What is HB740?
- HB740 is a bill in the Montana Legislature (2025 Regular Session): Revise laws relating to pharmacies, pharmacy benefit managers, and other entities.
- What does HB740 do?
- In its own words: An act generally revising laws relating to pharmacies, pharmacy benefit managers, and other entities; providing laws relating to the recoupment of funds; providing definitions; revising laws related to maximum allowable cost or the reference price list; prohibiting certain fees; amending sections 33-2-2005, 33-22-170, 33-22-171, 3322-172, 33-22-175, and 33-22-177, mca; and providing an applicability section and a termination date.
- What is the status of HB740?
- Signed into law as of May 8, 2025. Latest action: Chapter Number Assigned (May 8, 2025).
- Who sponsored HB740?
- Bertoglio, Marta (R, 75).
- Where is the official record for HB740?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC2354
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.