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68th Legislature 2023 HB 379.1
1 HOUSE BILL NO. 379
2 INTRODUCED BY T. WELCH, M. THANE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT CONTINUING THE PROHIBITION THAT PREVENTS A
5 PHARMACY BENEFIT MANAGER FROM REQUIRING FEDERALLY CERTIFIED HEALTH ENTITIES TO
6 IDENTIFY 340B DRUGS; AMENDING SECTION 33-2-2410, MCA; REPEALING SECTION 26, CHAPTER 501,
7 LAWS OF 2021; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Section 33-2-2410, MCA, is amended to read:
12 "33-2-2410. Federal 340B drug pricing program. A pharmacy benefit manager or health carrier may
13 not:
14 (1) prohibit a federally certified health entity or a pharmacy under contract with an entity to provide
15 pharmacy services from participating in the pharmacy benefit manager's or health carrier's provider network;
16 (2) reimburse a federally certified health entity or a pharmacy under contract with an entity
17 differently than it reimburses other similarly situated pharmacies;
18 (3) require a claim for a drug to include a modifier to indicate that the drug is a 340B drug unless
19 the claim is for payment, directly or indirectly, by the medicaid program provided for in Title 53, chapter 6, part
20 1; or
21 (4) create a restriction or an additional charge on a patient who chooses to receive drugs from a
22 federally certified health entity or a pharmacy under contract with an entity, including but not limited to a
23 patient's inability to fully pay a copayment. (Subsection (3) terminates June 1, 2023--sec. 26, Ch. 501, L.
24 2021.)"
25
26 NEW SECTION. Section 2. Repealer. Section 26, Chapter 501, Laws of 2021, is repealed.
27
28 NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.
-1- Authorized Print Version – HB 379
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68th Legislature 2023 HB 379.1
1 - END -
-2- Authorized Print Version – HB 379


Statutes affected:
HB0379_1.pdf: 33-2-2410
HB0379_2.pdf: 33-2-2410
Amended: 33-2-2410
Introduced: 33-2-2410