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Bill > S1638
FL S1638
FL S1638Prohibitions Against Discriminatory Practices Relating to 340B Entities and 340B Drugs
summary
Introduced
01/09/2026
01/09/2026
In Committee
01/16/2026
01/16/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
An act relating to prohibitions against discriminatory practices relating to 340B entities and 340B drugs; providing a short title; creating s. 499.061, F.S.; providing definitions; prohibiting drug manufacturers from engaging in certain acts relating to the acquisition of 340B drugs by and the delivery of such drugs to specified pharmacies; providing an exception; prohibiting drug manufacturers from interfering with pharmacies’ rights to contract with 340B entities; providing that each commission of certain acts constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act and subjects the violator to certain actions and penalties; providing construction and applicability; creating s. 626.8829, F.S.; providing definitions; prohibiting health insurance issuers, pharmacy benefit managers, and other third-party payors, and agents thereof, from engaging in certain discriminatory acts relating to reimbursement to 340B entities for 340B drugs; providing applicability; providing that each commission of certain acts constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act and subjects the violator to certain actions and penalties; providing construction; creating ss. 627.64743, 627.65733, and 641.31543, F.S.; providing definitions; prohibiting individual health insurers, group, blanket, and franchise health insurers, and health maintenance organizations, respectively, and pharmacy benefit managers on behalf of such insurers and health maintenance organizations, from engaging in certain discriminatory acts relating to reimbursement to 340B entities for 340B drugs; providing applicability; providing that each commission of certain acts constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act and subjects the violator to certain actions and penalties; providing construction; providing an effective date.
AI Summary
This bill, titled the "Defending Affordable Prescription Drug Costs Act," aims to prevent discriminatory practices against entities participating in the 340B Drug Pricing Program, which allows certain healthcare organizations to purchase outpatient drugs at reduced prices. Specifically, it prohibits drug manufacturers from interfering with the acquisition or delivery of these discounted drugs to pharmacies contracted with 340B entities, and also prevents them from hindering these pharmacies' ability to contract with 340B entities. Furthermore, the bill prohibits health insurance issuers, pharmacy benefit managers (PBMs), and other third-party payors from discriminating against 340B entities in reimbursement for 340B drugs. This includes prohibiting lower reimbursement rates for 340B drugs compared to non-340B drugs, imposing different terms or conditions, or creating barriers that prevent patients from choosing to receive their medications from a 340B entity or its contracted pharmacy. Violations of these provisions are considered deceptive and unfair trade practices under Florida law, subjecting offenders to penalties. The bill also clarifies that these provisions do not conflict with federal law and includes an exception for limited drug distribution under specific federal risk management strategies.
Sponsors (1)
Last Action
Introduced (on 01/22/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2026/1638 |
| BillText | https://www.flsenate.gov/Session/Bill/2026/1638/BillText/Filed/HTML |
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