This bill aims to prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies. It amends existing law to include new provisions that define key terms such as "pharmaceutical manufacturer," "pharmacy," "340B drug," and "340B entity." The bill explicitly states that pharmaceutical manufacturers cannot deny, restrict, or prohibit the acquisition or delivery of 340B drugs to authorized locations, unless such actions are mandated by federal law. Additionally, it prohibits manufacturers from requiring 340B entities or pharmacies to submit claims or utilization data as a condition for acquiring or delivering 340B drugs, again unless required by federal law.

Furthermore, the bill establishes that violations of these provisions can lead to civil actions by 340B entities or pharmacies against pharmaceutical manufacturers, allowing for injunctive relief, actual and consequential damages, and reasonable attorneys' fees and costs. The penalties for violations are categorized based on the amount involved, with acts under one thousand dollars classified as a Class 1 misdemeanor, while those exceeding one hundred thousand dollars are classified as a Class 5 felony. This legislation seeks to protect the integrity of the 340B drug discount program and ensure fair practices in the pharmaceutical industry.

Statutes affected:
Introduced, 01/30/2025: 37-24-6
Senate Health and Human Services Engrossed, 02/19/2025: 37-24-6
Enrolled, 03/06/2025: 37-24-6