This bill aims to enhance the 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 340B covered entities as a condition for drug acquisition or delivery, again unless required by federal law. These actions are classified as violations of the consumer protection act, thereby providing a legal framework for enforcement.

The bill introduces new legal language into RSA 358-A:2, specifically adding a paragraph that outlines these prohibitions and the conditions under which they apply. The effective date for this legislation 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 340B covered entities can access necessary medications without undue restrictions from manufacturers, aligning with the program's goal of extending limited federal resources.

Statutes affected:
Introduced: 358-A:2