Bill > LC0578

This bill creates new state regulations aimed at protecting 340B drug program participants from unfair practices by pharmaceutical manufacturers and distributors. The bill defines key terms such as "federally certified health entity" (a 340B covered entity) and establishes prohibitions on manufacturers and distributors interfering with 340B drug acquisition and distribution. Specifically, manufacturers and distributors are prohibited from denying, restricting, or interfering with a pharmacy's ability to receive and dispense 340B drugs when they are under contract with a covered entity, unless such receipt is prohibited by the federal Department of Health and Human Services. The Montana Department of Justice is empowered to enforce these provisions under existing unfair trade practice laws, with the ability to conduct investigations and take enforcement actions. Violations are considered unlawful practices, and the department can use its existing investigative and remedial authorities to address potential infractions. While individual lawsuits are not permitted, the bill allows the department to pursue penalties and remedies against those who violate the new regulations. The bill also grants the department rulemaking authority to implement these new provisions, and the regulations are intended to be integrated into the state's existing trade practices legal framework.

https://bills.legmt.gov/#/lc/bill/2/LC0578