UNOFFICIAL COPY 25 RS BR 996
Page 1 of 2
XXXX 12/27/2024 1:06 PM Jacketed
AN ACT relating to pharmaceutical manufacturers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 315 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "340B covered entity": 6
1. Means a health care facility that is registered as a covered entity under 7
42 U.S.C. sec. 256b, as amended; and 8
2. Includes any pharmacy owned or contracted by a covered health care 9
facility to dispense covered drugs on behalf of the health care facility; 10
(b) "340B price" or "340B pricing" means the amount required to be paid to 11
the manufacturer of a covered drug as established pursuant to 42 U.S.C. 12
sec. 256b, as amended; and 13
(c) "Covered drug" has the same meaning as in 42 U.S.C. sec. 256b, as 14
amended. 15
(2) A manufacturer shall not discriminate, or cause others to discriminate, against a 16
340B covered entity by refusing or withholding 340B pricing for a covered drug if 17
the manufacturer offers the same drug at a 340B price in any other state. 18
Discrimination prohibited under this section also includes but is not limited to 19
any manufacturer-imposed condition, limitation, or delay on the sale of or 20
purchase of a covered drug at a 340B price, unless the condition, limitation, or 21
delay is expressly required under federal or state law. 22
(3) In addition to any private right of action, any person who believes that a 23
manufacturer is in violation of subsection (2) of this section may make a 24
complaint to the Attorney General who may, pursuant to KRS 315.235, 25
investigate the complaint. 26
(4) Nothing in this section shall be construed or interpreted to be less restrictive than, 27 UNOFFICIAL COPY 25 RS BR 996
Page 2 of 2
XXXX 12/27/2024 1:06 PM Jacketed
or in conflict with, any other federal or state law. 1