Senate Majority Leader requests legal opinion from state’s chief law officer.
FRANKFORT, Ky. (June 23, 2025) — Senate Majority Floor Leader Max Wise, R-Campbellsville, has formally requested an advisory opinion from Kentucky Attorney General Russell Coleman concerning the implementation of Senate Bill (SB) 188. The bipartisan legislation was passed in 2024 to regulate pharmacy benefit managers (PBMs) and improve access to pharmacy services for Kentuckians.
In a letter submitted Thursday, Wise expressed his frustration with the Kentucky Department of Insurance’s (DOI) interpretation of the law and its reluctance to enforce key provisions, particularly those aimed at preventing PBMs from steering patients to affiliated pharmacies.
“Despite our best efforts to bring streamlined pharmaceutical care and experiences for Kentuckians, independent pharmacies, and health plans across the commonwealth, the overall implementation of SB 188 has been disconcerting to myself and others,” Wise wrote. “After multiple attempts to discuss the intent and enforcement of SB 188 with the Kentucky Department of Insurance, we seem to be at an impasse and need further guidance to proceed with full implementation of the bill.”
SB 188 passed overwhelmingly in both chambers—35-1 in the Senate and 97-0 in the House—and was signed into law by Governor Andy Beshear. The law aims to extend the same PBM reforms enacted in Medicaid to the commercial market. However, Wise argues DOI’s current approach undermines the law’s purpose and leaves many Kentuckians without its intended protections.
“It appears DOI is an outlier in its interpretation,” Wise wrote. “Our pharmacy community worked hard with me and the legislature to pass this law and deserves to have the protections enforced as is happening in Tennessee, West Virginia, and other states.”
Wise also raised concerns that the DOI refuses to enforce parts of the law on out-of-state PBMs and potentially excludes large numbers of Kentuckians from the bill’s protections.
“By its assessment, any out-of-state pharmacy benefit managers (PBMs) that assist Kentucky businesses or constituents with the administration of their health plans may not be within the Department’s jurisdiction to regulate,” he wrote. “Sadly, this sends an inconsistent message to Kentuckians that only some individuals deserve protection of their pharmaceutical benefits while others may go unprotected.”
In his formal request, Wise asked Coleman to issue an advisory opinion on two specific questions:
Are the anti-steering provisions in Section 4 of SB 188 enforceable or preempted by the federal ERISA laws?
Are PBMs that are domiciled outside of the commonwealth yet doing business within the state subject to regulation under SB 188?
“As a long-time advocate of PBM and health care reform, I believe we owe our constituents the best. They deserve the same protections that are being implemented in other states,” Wise concluded. “I ask that you please provide clarity on the above questions so we can gain full enforcement of SB 188.”
Find the full letter from Wise to the attorney general by clicking here.
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Sen. Max Wise, R-Campbellsville, represents the 16th Senate District, including Adair, Allen, Metcalfe, Monroe, and Taylor Counties and eastern Warren County. He is the Senate Majority Floor Leader. As a member of Senate majority leadership, he serves on the Legislative Research Commission. Wise is a member of the Interim Joint Committees on Economic Development and Workforce Investment; Education; Families and Children; and Tourism, Small Business, and Information Technology.
Please visit Legislature.ky.gov for information on Senate Majority Caucus members, legislative committees, and additional resources.
Lawmakers returned to Frankfort on June 3 to start the 2025 Interim. During this period, committees will meet to study policy issues, review implementation of recently passed legislation, and begin evaluating proposals for the 2026 Regular Session, which begins Tuesday, January. 6.
The full 2025 Interim Calendar is available here. A weekly schedule with meeting times, topics, and agendas can be viewed at legislature.ky.gov/LegislativeCalendar.
Live coverage of interim legislative meetings is available at KET.org/legislature and on the LRC YouTube channel.
You can follow the Kentucky Senate Majority Caucus on X, Facebook, Instagram, and BlueSky. For additional member information and press releases, visit KYSenateRepublicans.com.
(Dustin R. Isaacs – Office of Senate Majority Floor Leader Max Wise)