Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H959

Introduced
2/16/23  
Refer
2/16/23  

Caption

Prohibiting discrimination against 340b drug discount program participants

Impact

If enacted, the bill would protect 340B-covered entities from being subject to additional fees, more stringent audits, and other discriminatory practices that could compromise their operations. The proposed changes would require all insurers and payment entities to provide reimbursements that are at least equal to those received by similarly situated entities outside the 340B program. This could have significant financial implications for healthcare providers serving low-income populations, who often rely on 340B pricing to afford medications for their patients.

Summary

House Bill 959 seeks to prohibit discrimination against entities and pharmacies participating in the 340B drug discount program. This legislation aims to amend multiple chapters of the Massachusetts General Laws to ensure that 340B-covered entities and contract pharmacies are treated equitably in terms of reimbursement rates and conditions imposed by payers. The bill explicitly lays out definitions for 340B-covered entities and contract pharmacies to clarify the scope of its provisions, potentially impacting numerous stakeholders within the healthcare system, including patients, pharmacies, and insurers.

Contention

Notable points of contention could arise around the enforcement of these provisions and the operational adjustments needed by payers and pharmacies to comply with the new regulations. Potential opposition may arise from those arguing that the bill could be overly restrictive or that it may create burdens in the form of increased scrutiny on pharmaceutical pricing and reimbursements. Proponents, however, might argue that this legislation is essential for improving access to necessary medications for vulnerable populations and ensuring that healthcare providers can continue to serve their communities effectively.

Companion Bills

MA S1035

Similar To To protect unpaid interns, volunteers, and independent contractors from sexual harassment and other forms of discrimination

MA S753

Similar To Relative to preventing discrimination against persons with disabilities in the provision of health care

MA S704

Similar To Prohibiting discrimination against 340b drug discount program participants

MA H1295

Similar To Promoting fair housing by preventing discrimination against affordable housing

MA S2566

Similar To To end housing discrimination in the Commonwealth

MA H4634

Replaced by Study Order

Previously Filed As

MA H1107

Prohibiting discrimination against 340b drug discount program participants

MA S819

Prohibiting discrimination against 340b drug discount program participants

MA H4490

Prohibiting discrimination against 340b drug discount program participants

MA H1274

Prohibiting PBMs from discriminating against hospitals and patients participating in the 340B drug discount program

MA H4494

Prohibiting PBMs from discriminating against hospitals and patients participating in the 340B drug discount program

MA LD1018

An Act to Protect Health Care for Rural and Underserved Areas by Prohibiting Discrimination by Participants in a Federal Drug Discount Program

MA HB1755

relative to the 340B discounted drug purchasing program.

MA H5634

Prohibits any health insurer, pharmacy benefit manager, manufacturer or other third-party payor from discriminating against any 340B entity participating in a drug discount program.

MA S0114

Prohibits any health insurer, pharmacy benefit manager, manufacturer or other third-party payor from discriminating against any 340B entity participating in a drug discount program.

MA H1527

Prohibitions Against Discriminatory Practices Relating to 340B Entities and 340B Drugs

Similar Bills

TX HB3317

Relating to the relationship between pharmacists or pharmacies and health benefit plan issuers or pharmacy benefit managers.

TX SB1236

Relating to the relationship between pharmacists or pharmacies and health benefit plan issuers or pharmacy benefit managers.

NJ S2345

"Patient and Provider Protection Act."

HI SB2208

Relating To Pharmacy Benefit Managers.

NJ A1502

"Patient and Provider Protection Act."

HI SB2047

Relating To Pharmacy Benefit Managers.

AR SB593

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act; And To Create The Pharmacy Services Administrative Organization Act.