SB557: relative to prohibiting discriminatory actions related to participation in the federal 340B Drug Pricing Program.

CHAPTER 171

SB 557 - FINAL VERSION

2024 SESSION

24-3094

09/10

SENATE BILL 557

AN ACT relative to prohibiting discriminatory actions related to participation in the federal 340B Drug Pricing Program.

SPONSORS: Sen. Prentiss, Dist 5; Sen. Fenton, Dist 10; Sen. Watters, Dist 4; Sen. Rosenwald, Dist 13; Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. D'Allesandro, Dist 20; Rep. Hakken-Phillips, Graf. 12; Rep. Merchant, Sull. 6; Rep. J. Murphy, Graf. 12

COMMITTEE: Health and Human Services

ANALYSIS

This bill prohibits a health insurance issuer, pharmacy benefit manager, other third-party payer, or its agent from discriminating against an entity that participates in the federal 340B Drug Pricing Program based on the entity's participation in the program or that the drug is a drug covered by the program.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3094

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to prohibiting discriminatory actions related to participation in the federal 340B Drug Pricing Program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

171:1 New Section; Accident and Health Insurance; Participation in the Federal 340B Drug Pricing Program. Amend RSA 415 by inserting after section 15 the following new section:

415:15-a Discrimination Based on Participation in the Federal 340B Drug Pricing Program. Within the state of New Hampshire, for the reimbursement to covered entities enrolled in or eligible for the federal 340B Drug Pricing Program for covered drugs, as set forth in 42 U.S.C. section 256b, or such entities’ contract pharmacies to the extent such contract pharmacies are dispensing 340B drugs to 340B covered entities’ patients, a health insurance issuer, pharmacy benefit manager, other third-party payer, or its agent, shall not impose any terms or conditions, including, but not limited to, restrictions or requirements regarding participation in standard or preferred pharmacy networks or the imposition of a lower reimbursement amount for 340B covered drugs, on a covered entity or its contract pharmacy that differ from such terms or conditions that apply to any other entity on the basis that the entity participates in the federal 340B Drug Pricing Program or that the drug is a 340B covered drug.

171:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 03, 2024

Effective Date: September 01, 2024