This bill introduces new regulations concerning the participation of drug manufacturers in the federal 340B Drug Pricing Program. Specifically, it prohibits drug manufacturers, their agents, affiliates, and distributors from denying or restricting the acquisition or delivery of 340B covered drugs to authorized locations of covered entities, unless such actions are mandated by federal law. Additionally, the bill prevents manufacturers from requiring covered entities to submit claims or utilization data as a condition for acquiring these drugs, again unless required by federal law. Violations of these provisions will be classified as breaches of the consumer protection act.

The bill amends RSA 358-A:2 by adding a new paragraph that outlines these prohibitions, thereby enhancing consumer protection for entities participating in the 340B program. The act is set to take effect on January 1, 2026. While the bill does not allocate funding or create new positions, it is expected to have an indeterminable fiscal impact, with potential increases in revenue and expenditures related to enforcement actions by the Department of Justice. The anticipated costs for the state could range from $100,000 to $500,000 or less, depending on the number of investigations and enforcement actions initiated as a result of the new regulations.

Statutes affected:
Introduced: 358-A:2