Kansas Senate Bill SB236

Kansas 2023-2024 Regular Session

• Introduced: 2/10/23
• Refer: 2/13/23
• Failed: 4/30/24

Caption

Requiring drug manufacturers to provide pricing under the federal 340B drug pricing program to pharmacies that enter into contractual agreements with entities covered under the 340B program and prohibiting pharmacy benefits managers from denying patients the freedom to use the pharmacy and healthcare provider of such patient's choice.

Impact

The implementation of SB236 is anticipated to enhance access to pharmaceuticals by preventing discrimination against community pharmacies that participate in the 340B program. It obligates pharmacies to inform patients they are not required to use mail-order services, thus promoting local pharmacies. The bill seeks to eliminate practices that undermine the intended benefits of the 340B program, which aims to provide discounted medication to underserved populations. As a result, the act could significantly improve patient access to necessary medications and support the financial stability of community pharmacies.

Summary

Senate Bill 236, known as the 340B Drug Pricing Nondiscrimination Act, is designed to regulate the interactions between pharmacy benefits managers (PBMs) and pharmacies participating in the federal 340B drug pricing program. The bill mandates that drug manufacturers provide 340B pricing to pharmacies that have contractual agreements with covered entities. It also prohibits PBMs from discriminating against patients or pharmacies based on their participation in the 340B program, ensuring that patients have the freedom to use any pharmacy or healthcare provider they choose without additional restrictions or penalties.

Contention

Opponents of the bill may express concerns regarding the burden that increased regulations might place on PBMs and pharmaceutical manufacturers. Some industry stakeholders could argue that the legislation may lead to increased prices or reduced availability of certain drugs due to formalized requirements imposed on pharmaceutical companies. Proponents, however, assert that safeguarding the integrity of the 340B program is essential for ensuring equitable access to medication for vulnerable populations. The discussions around SB236 reflect broader tensions within the healthcare sector regarding cost, access, and the role of market forces in drug pricing.