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. The bill introduces new legal language in the Health and Safety Code, specifically Section 431.416, which outlines that manufacturers and related entities cannot discriminate against covered entities, pharmacists, or pharmacies under contract with these entities. It also establishes that these parties cannot deny or limit the acquisition or delivery of 340B drugs, nor can they require additional claims or utilization data as a condition for drug acquisition. Violations of this section can result in civil penalties of up to $50,000 per violation.

Additionally, the bill amends the Insurance Code by adding Subchapter O, which further prohibits health benefit plan issuers and related entities from reimbursing covered entities at lower rates than non-covered entities for the same drugs, imposing different terms based on the covered entity status, or discriminating against patients who choose to receive drugs from covered entities. The provisions of this bill will apply to prescription drugs manufactured on or after the effective date and to health benefit plans delivered or renewed after January 1, 2026. The act is set to take effect on September 1, 2025.

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