This bill aims to enhance protections for entities participating in the federal 340B Drug Pricing Program by prohibiting drug manufacturers from denying or restricting the acquisition or delivery of 340B covered drugs to these entities, unless such actions are mandated by federal law. Additionally, it prevents manufacturers from requiring claims or utilization data from covered entities as a condition for drug acquisition or delivery, again unless required by federal law. Violations of these provisions would be classified as breaches of the consumer protection act, thereby strengthening the legal framework surrounding the 340B program.

The bill introduces new legal language by adding a paragraph to RSA 358-A:2, which outlines the specific prohibitions against drug manufacturers and their affiliates regarding the acquisition and delivery of 340B covered drugs. The effective date for this act is set for January 1, 2026. The fiscal impact of the bill is expected to be indeterminable, with potential increases in revenue and expenditures related to enforcement actions by the Department of Justice, estimated to range between $100,000 and $500,000. Overall, the bill seeks to ensure that covered entities can access necessary medications without undue restrictions from manufacturers.

Statutes affected:
Introduced: 358-A:2