Kansas Attorney General Derek Schmidt filed a lawsuit against leading national insulin manufacturers and pharmacy benefit managers (PBMs) over alleged violations of the Kansas Consumer Protection Act (KCPA), accusing them of operating an insulin pricing scheme that forces Kansans to pay excessive costs for the life-saving drug to control diabetes. Named in the lawsuit are manufacturers Eli Lilly and Company, Sanofi-Aventis U.S. LLC, and Novo Nordisk Inc. Combined the three companies account for 99 percent of the insulin currently on the U.S. market. The lawsuit alleges that since 2003, these insulin manufacturers have worked in lockstep to raise the reported prices of insulin in an astounding manner. Insulin that costs manufacturers less than $5 to produce and that was originally priced at $20 when released, now ranges between $300 and $700 in Kansas.

A Kansas judge has blocked a law banning doctors from prescribing abortion-inducing pills over telemedicine. The legal status of telemedicine abortion has been tied up in Kansas courts for years, since the Center for Reproductive Rights challenged a 2011 law requiring doctors to be in the same room as patients when prescribing abortion-inducing medication. Last week, Shawnee County District Court Judge Teresa Watson granted a temporary injunction barring enforcement of the law. It follows her earlier ruling this summer denying an injunction, which an appellate court overturned. Medication abortion, or the use of the drugs to end a pregnancy, accounts for over two thirds of abortions in Kansas, according to the state health department.

As a Kansas special committee works to prepare a medical marijuana legalization bill for the 2023 session, a spokesperson for the top GOP senator said the issue is “not a priority” — prompting pushback from House Democratic leadership. The spokesperson told the Wichita Eagle that Senate President Ty Masterson (R) recognizes that the reform issue is “maturing,” adding that any federal action “would be more evidence of that.” However, “it is not a priority” for the senator, who wields significant influence over what legislation advances.

Kansas Governor Laura Kelly (D) enacted new restrictions for pharmacy benefit managers in the state. Under SB 28, PBMs must obtain a license in order to operate. In addition, PBMs must operate under the authority of the insurance commissioner. SB 28 aims to reduce abusive PBM practices and give pharmacies fairer reimbursements. SB 28 passed the House in a 120-2 vote and the Senate in a 39-0 vote, before being signed into law by Governor Kelly.

The Kansas House of Representatives recently passed two new bills that protect pharmacists and patients. The first bill, SB 28, requires PBMs to be licensed rather than registered in the state, which gives more oversight to the Kansas Department of Insurance. SB 28 passed the House by a vote of 120-2. The second bill, SB 200, authorizes a pharmacist to initiate therapy within the framework of a statewide protocol for flu, strep, or urinary tract infections. Both bills now await final consideration before being signed into law.

The state of Kansas is joining other states in the movement to uncover the deceptive practices of the pharmacy middlemen - PBMs. Some states have already landed multiple-million dollar settlements from one of the wealthiest PBM companies in the country, due to its overcharging of Medicaid programs. Kansas is now launching its own investigation into PBM practices. The state has hired well-known lawyers to help in its investigation, lawyers that have a track record in helping land settlements against unlawful PBM companies.

President Joe Biden recently signed into law the Ensuring Innovation Act, a bipartisan bill drafted by Kansas Senator Roger Marshall. In effect, the bill will place regulations on drug exclusivity, which have historically delay generic drugs from entering the market and raised the price of prescription drugs. Thus, this law will help to curb market exclusivity and lower out-of-pocket costs for residents in Kansas and beyond.