Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S704

Introduced
2/16/23  
Refer
2/16/23  

Caption

Prohibiting discrimination against 340b drug discount program participants

Impact

If enacted, this bill would amend several sections of the Massachusetts laws pertaining to healthcare and pharmacy regulations. The legislation explicitly prohibits health insurance plans and entities from adopting reimbursement rates or conditions that discriminate against those participating in the 340B program. Given that 340B entities often serve low-income patients or communities with limited access to healthcare services, this bill seeks to reaffirm the state's commitment to healthcare equity by ensuring these entities can continue to operate sustainably without unfair financial obstacles.

Summary

Senate Bill 704, titled 'An Act prohibiting discrimination against 340B drug discount program participants', aims to provide protections for 340B-covered entities and contract pharmacies from discrimination in reimbursement practices. The bill specifically addresses how these entities are compensated for outpatient drugs, ensuring they receive fair reimbursement rates equivalent to those given to other similar entities. The emphasis is placed on preventing discriminatory practices that could undermine the financial viability of these entities which play a crucial role in providing affordable medications to vulnerable populations.

Contention

The notable points of contention surrounding SB 704 include concerns from certain stakeholders about the potential financial impact on insurance companies and the broader healthcare market. Critics suggest that mandatory equal reimbursement rates could lead to increased costs for insurers, which may be passed on to consumers. Supporters counter that the bill is necessary to uphold fair access to medications, especially for patients reliant on 340B entities for affordable drug options. Balancing the interests of healthcare providers, insurers, and patients remains a critical discussion point as the bill progresses through the legislative process.

Companion Bills

MA H1601

Similar To Prohibiting discrimination against adults with disabilities in family and juvenile court proceedings

MA H4634

Replaced by Study Order

Previously Filed As

MA S819

Prohibiting discrimination against 340b drug discount program participants

MA H959

Prohibiting discrimination against 340b drug discount program participants

MA H1107

Prohibiting discrimination against 340b drug discount program participants

MA H1274

Prohibiting PBMs from discriminating against hospitals and patients participating in the 340B drug discount program

MA HB728

Prescription drugs; prohibit discriminating actions against 340B drug discount program entities.

MA SB2145

Defending Affordable Prescription Drug Costs Act; enact to prohibit discriminating against 340B drug discount program entities.

MA LD1018

An Act to Protect Health Care for Rural and Underserved Areas by Prohibiting Discrimination by Participants in a Federal Drug Discount Program

MA H1527

Prohibitions Against Discriminatory Practices Relating to 340B Entities and 340B Drugs

MA H7879

Prohibits any health insurer, pharmacy benefit manager, or other third-party payor from discriminating against any 340B entity participating in a drug discount program.

MA S0114

Prohibits any health insurer, pharmacy benefit manager, manufacturer or other third-party payor from discriminating against any 340B entity participating in a drug discount program.

Similar Bills

MA S819

Prohibiting discrimination against 340b drug discount program participants

MA H1107

Prohibiting discrimination against 340b drug discount program participants

MA H959

Prohibiting discrimination against 340b drug discount program participants

MA H1296

To protect 340B providers

MA S779

To protect 340B providers

VT H0266

An act relating to the 340B prescription drug pricing program

OK HB2048

Prescriptions; 340B Nondiscrimination Act; definitions; discriminatory actions; reimbursement; manufacturer; distributor; enforcement; Attorney General; Insurance Commissioner; violations; federal preemption; effective date.

WV SB557

Providing that pharmacy may decline to dispense prescription drug where reimbursement is less than pharmacy's cost