The 340B Drug Pricing Nondiscrimination Act aims to protect entities participating in the federal 340B drug pricing program by prohibiting health insurance issuers, pharmacy benefits managers (PBMs), and other third-party payors from reimbursing these entities at lower rates than non-340B entities. The bill also prevents discriminatory terms or conditions and interference with patient choice regarding medication access. It establishes that manufacturers and distributors cannot limit access to drugs purchased under the 340B program and outlines penalties for violations, including civil fines ranging from $100 to $10,000. Additionally, the bill amends existing Oklahoma statutes to clarify definitions related to 340B drugs and entities, ensuring compliance and enforcement while emphasizing that the act should not be less restrictive than federal law.

The legislation introduces new provisions regulating PBMs, including prohibitions against discrimination based on a provider's participation in the 340B program, requirements for avoiding additional fees or modifications to patient copayments based on 340B status, and mandates for transparency in drug formulary decisions. Claims processed for 340B providers will be considered final upon adjudication, protecting them from unnecessary reversals. The Attorney General is granted enforcement authority, including the ability to censure or revoke PBM licenses for violations, and is empowered to collect fines and manage funds related to enforcement. The act is set to take effect on November 1, 2025.

Statutes affected:
Introduced: 36-6960, 36-6962