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Nevada Bill SB 209 Regulates Pharmacy Benefit Managers to Pass Rebates to Consumers and Bans Spread Pricing

Original title: AN ACT relating to pharmacy benefit managers; expanding the scope of certain provisions; prohibiting pharmacy benefit managers from engaging in certain practices; requiring pharmacy benefit managers to make certain disclosures; requiring pharmacy benefit managers to pass rebates along to certain insurers and insureds; requiring pharmacy benefit managers and the Commissioner of Insurance to prepare certain reports; providing a cause of action for certain pharmacies; requiring certain insurers to use passed-along rebate funds for certain purposes; providing penalties; and providing other matters properly relating thereto.

Last action · April 12, 2025: (Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)Sponsors: Jeff Stone and 6 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Nevada Senate Bill 209 prohibits pharmacy benefit managers (PBMs) from using , requires them to pass 100% of drug manufacturer s directly to insurers or consumers at the point of sale to lower out-of-pocket costs, and bans steering patients to PBM-affiliated pharmacies starting January 1, 2026.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Pharmacy Benefit Managers

Pharmacy benefit managers must comply with new transparency disclosures, submit annual reports to the Insurance Commissioner, cease spread pricing, pass 100% of rebates to insurers or consumers, and stop patient steering toward affiliated pharmacies.

Directly affected

Covered Persons and Insureds

Covered persons receive manufacturer rebates directly at the point of sale to offset cost-sharing obligations and gain freedom to choose nonaffiliated network pharmacies without mandatory steering.

Directly affected

Independent Pharmacies

Independent pharmacies are protected from discriminatory reimbursement rates, unfair contract terminations, retroactive claim reductions, and can sue PBMs for statutory damages if retaliated against.

Directly affected

Third Party Insurers

Third-party insurers must receive fee disclosures and rebate transmissions from PBMs and must use all received rebate funds exclusively to reduce enrollee premiums and cost-sharing obligations.

Key Facts

  • Prohibits a pharmacy benefit manager (PBM) from requiring a covered person to use a PBM-affiliated pharmacy if nonaffiliated network pharmacies are available.
  • Bans PBMs from using spread pricing, defined as charging a third party a different amount for a drug than what is paid to the dispensing pharmacy.
  • Requires PBMs to pass the entire amount of manufacturer or wholesaler rebates to the covered person at the point of sale or to the third-party insurer.
  • Mandates that insurers use any rebate money received from a PBM exclusively to reduce premiums and offset or reduce insureds' cost-sharing obligations.
Show all 10 facts
  • Prohibits PBMs from entering into exclusive drug coverage contracts with manufacturers or disseminating deceptive statements and advertisements.
  • Requires PBMs to submit an annual report to the Commissioner of Insurance by April 1 detailing pricing, rebates, top drugs, and administrative fees.
  • Directs the Commissioner of Insurance to compile a biennial report on the overall impact of PBMs on prescription drug costs for the Legislature.
  • Authorizes independent pharmacies to bring a civil action for statutory damages of $5,000 per violation against PBMs that retaliate for reporting legal violations.
  • Removes exemptions for certain ERISA-covered employer prescription drug plans, subjecting those PBM operations to state oversight to the extent authorized by federal precedent.
  • Establishes that provisions become effective on January 1, 2026, for contracts entered into or renewed on or after that date.

Frequently Asked Questions

What is spread pricing and how does the bill address it?
is a practice where a PBM charges a health plan one price for a prescription drug while paying the dispensing pharmacy a lower price, keeping the difference. SB 209 explicitly prohibits PBMs from using spread pricing.
What happens to the drug rebates collected by pharmacy benefit managers?
Under SB 209, PBMs must pass 100% of manufacturer s either directly to the patient at the point of sale to lower their copayment or to the third-party insurer, which must use the funds solely to reduce premiums and s.
Can a PBM force patients to use a mail-order or specialty pharmacy they own?
No. The bill prohibits PBMs from requiring covered persons to use an if there are other nonaffiliated pharmacies in the network, and bans practices intended to steer patients toward affiliated pharmacies.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

3 actions
  1. Apr 12, 2025
    (Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)
  2. Feb 19, 2025Committee
    From printer. To committee.
  3. Feb 18, 2025Introduced
    Read first time. Referred to Committee on Commerce and Labor. To printer.

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Elimination of ERISA Plan Exemptions

The bill curtails previous broad exemptions for certain employer-sponsored prescription drug plans under ERISA, aligning state oversight with recent U.S. Supreme Court precedent.

Connected Entities

Commissioner of Insurance, Jeff Stone, Carrie Ann Buck and 6 more
OrganizationCommissioner of Insurance“State official responsible for regulating insurance and receiving PBM annual rep”Map →
PersonJeff Stone“Nevada Senator who sponsored SB 209”Map →
PersonCarrie Ann Buck“Nevada Senator who co-sponsored SB 209”Map →
PersonJohn Ellison“Nevada Senator who co-sponsored SB 209”Map →
PersonJohn Steinbeck“Nevada Senator who co-sponsored SB 209”Map →
PersonRochelle Nguyen“Nevada Senator who co-sponsored SB 209”Map →
PersonLisa Krasner“Nevada Senator who co-sponsored SB 209”Map →
PersonLori Rogich“Nevada Senator who co-sponsored SB 209”Map →
OrganizationDepartment of Health and Human Services“State department administering Medicaid and CHIP”Map →

Sources

Open source document

www.leg.state.nv.us

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 85)
  • Controversy75
    Intensity of disagreement among stakeholders
  • Entertainment15
    Compellingness for a non-policy-wonk reader
  • Buzz60
    Current news / social attention level

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