Pharmacy Sees Surge in Legislative Activity to Regulate Specialty Drug Dispensing Practices in 2023

Pharmacy Times November 10, 2023
Martha M. Rumore, PharmD, Esq, MS, LLM, FAPhA

Twenty states proposed bills to prohibit white bagging and brown bagging policies this year.

In 2023, more than 20 states proposed bills to prohibit white bagging and brown bagging policies within the health care industry.¹ The profit battle between health insurers (payers) and health care providers (eg, hospitals) is being played out in legislatures across the United States.

Overall spending on specialty drugs has increased over the past 5 years, mostly due to increased prices and utilization, as well as high markups.² Three payer approaches to rein in specialty drug costs are white bagging, brown bagging, and site-of service policies. In the past 5 years, white bagging from specialty pharmacies gained a significant share of volume and includes a wider...

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