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 provisions in the Health and Safety Code and the Insurance Code, specifically adding Section 431.416 and Subchapter O to Chapter 1369. These provisions define key terms related to the 340B program and establish that manufacturers and related entities cannot discriminate against covered entities or pharmacies in the acquisition and delivery of 340B drugs. It also outlines the conditions under which complaints can be filed and the penalties for violations, which can reach up to $50,000 per infraction.

The bill specifies that health benefit plan issuers and related entities cannot reimburse covered entities at lower rates than non-covered entities for the same drugs, nor can they impose additional requirements or fees based on the covered entity status. Exceptions to these prohibitions are included for certain federal reporting requirements and specific programs like the Texas HIV medication program. The provisions of this bill will apply to drugs manufactured on or after its effective date and to health benefit plans issued or renewed after January 1, 2026. The act is set to take effect on September 1, 2025.

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