AB50,1398,7 3. The steps the insurer takes to ensure fairness and accuracy in decisions made by artificial intelligence or algorithmic decision-making.

AB50,1398,11 (6) Claim denial rate audits. (a) The commissioner may conduct an audit of an insurer if the insurer’s claim denials are of such frequency as to indicate a general business practice. This paragraph is supplemental to and does not limit any other powers or duties of the commissioner.

AB50,1398,13 (b) The commissioner may collect any relevant information from an insurer that is necessary to conduct an audit under par. (a).

AB50,1398,15 (c) The commissioner may contract with a 3rd party to conduct an audit under par. (a).

AB50,1398,20 (d) The commissioner may, based on the findings of an audit under par. (a), order the insurer who is the subject of the audit to comply with a corrective action plan approved by the commissioner. The commissioner shall specify in any corrective action plan under this paragraph the deadline by which an insurer must be in compliance with the corrective action plan.

AB50,1398,22 (e) An insurer who is the subject of an audit under par. (a) shall provide a written response to any adverse findings of the audit.

AB50,1399,2 (f) If an insurer fails to comply with a corrective action plan under par. (d) by the deadline specified by the commissioner, the commissioner may order the insurer to pay a forfeiture pursuant to s. 601.64 (3).

AB50,1399,6 (7) Forfeitures. A violation of this section that results in a harmful delay in an insured’s care or an adverse health outcome for an insured shall be subject to a civil forfeiture of $10,000 per occurrence, in addition to any other penalties provided in s. 601.64 (3) or other law.

AB50,2888 Section 2888. 601.575 of the statutes is created to read:

AB50,1399,13 601.575 Prescription drug importation program. (1) Importation program requirements. The commissioner, in consultation with persons interested in the sale and pricing of prescription drugs and appropriate officials and agencies of the federal government, shall design and implement a prescription drug importation program for the benefit of residents of this state, that generates savings for residents, and that satisfies all of the following:

AB50,1399,16 (a) The commissioner shall designate a state agency to become a licensed wholesale distributor or to contract with a licensed wholesale distributor and shall seek federal certification and approval to import prescription drugs.

AB50,1399,18 (b) The program shall comply with relevant requirements of 21 USC 384, including safety and cost savings requirements.

AB50,1399,20 (c) The program shall import prescription drugs from Canadian suppliers regulated under any appropriate Canadian or provincial laws.

AB50,1399,22 (d) The program shall have a process to sample the purity, chemical composition, and potency of imported prescription drugs.

AB50,1400,2 (e) The program shall import only those prescription drugs for which importation creates substantial savings for residents of this state and only those prescription drugs that are not brand-name drugs and that have fewer than 4 competitor prescription drugs in the United States.

AB50,1400,4 (f) The commissioner shall ensure that prescription drugs imported under the program are not distributed, dispensed, or sold outside of this state.

AB50,1400,5 (g) The program shall ensure all of the following:

AB50,1400,7 1. Participation by any pharmacy or health care provider in the program is voluntary.

AB50,1400,9 2. Any pharmacy or health care provider participating in the program has the appropriate license or other credential in this state.

AB50,1400,12 3. Any pharmacy or health care provider participating in the program charges a consumer or health plan the actual acquisition cost of the imported prescription drug that is dispensed.

AB50,1400,16 (h) The program shall ensure that a payment by a health plan or health insurance policy for a prescription drug imported under the program reimburses no more than the actual acquisition cost of the imported prescription drug that is dispensed.

AB50,1400,18 (i) The program shall ensure that any health plan or health insurance policy participating in the program does all of the following:

AB50,1400,20 1. Maintains a formulary and claims payment system with current information on prescription drugs imported under the program.

AB50,1400,23 2. Bases cost-sharing amounts for participants or insureds under the plan or policy on no more than the actual acquisition cost of the prescription drug imported under the program that is dispensed to the participant or insured.

AB50,1401,3 3. Demonstrates to the commissioner or a state agency designated by the commissioner how premiums under the plan or policy are affected by savings on prescription drugs imported under the program.

AB50,1401,6 (j) Any wholesale distributor importing prescription drugs under the program shall limit its profit margin to the amount established by the commissioner or a state agency designated by the commissioner.

AB50,1401,8 (k) The program may not import any generic prescription drug that would violate federal patent laws on branded products in the United States.

AB50,1401,13 (L) The program shall comply with tracking and tracing requirements of 21 USC 360eee and 360eee-1, to the extent practical and feasible, before the prescription drug to be imported comes into the possession of this state’s wholesale distributor and fully after the prescription drug to be imported is in the possession of this state’s wholesale distributor.

AB50,1401,15 (m) The program shall establish a fee or other mechanism to finance the program that does not jeopardize significant savings to residents of this state.