Bill > H785

This bill protects 340B contract pharmacies by establishing legal safeguards for entities participating in the federal 340B drug discount program. Specifically, the bill prohibits drug manufacturers, distributors, and their agents from denying or restricting 340B entities' ability to acquire or receive discounted drugs at authorized locations, unless such restrictions are mandated by federal law. The bill also prevents manufacturers from requiring 340B entities to submit claims or utilization data as a precondition for drug acquisition, except when such data sharing is federally required. The 340B program, named after section 340B of the Public Health Service Act, allows certain healthcare organizations serving vulnerable populations to purchase outpatient drugs at significantly reduced prices. If manufacturers or distributors violate these provisions, they can be subject to penalties under the Massachusetts Consumer Protection Act, with each package of 340B drugs potentially constituting a separate violation. The bill includes provisions ensuring it does not conflict with federal law and contains a severability clause to protect the remainder of the legislation if any part is found invalid. The act will become effective immediately upon enactment.

Business and Industry, Health and Social Services

https://malegislature.gov/Bills/194/H785