The bill, H.B. No. 3265, aims to prohibit discriminatory practices by health benefit plan issuers, pharmacy benefit managers, and third-party payors regarding entities participating in the federal 340B drug discount program. It introduces new provisions under Section 431.416 of the Health and Safety Code, which explicitly forbids manufacturers and related entities from discriminating against covered entities, pharmacists, or pharmacies under contract with those entities. The bill outlines specific actions that are prohibited, such as denying or limiting the acquisition of 340B drugs and requiring unnecessary claims or utilization data for drug delivery. It also establishes a civil penalty of up to $50,000 for each violation, with the possibility of additional actions by the department and the attorney general.

Additionally, the bill amends the Insurance Code by adding Subchapter O, which further reinforces the prohibition on discrimination related to the 340B program. It defines key terms such as "340B drug," "covered entity," and "third-party payor," and specifies that health benefit plans must not reimburse covered entities at lower rates than non-covered entities for the same drugs. The provisions of this bill will apply to prescription drugs manufactured on or after its effective date and to health benefit plans delivered or renewed after January 1, 2026. The bill is set to take effect on September 1, 2025.

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