Relating to discriminatory practices by a health benefit plan issuer, pharmacy benefit manager, and third-party payor and certain prescription drug manufacturers, distributors, and related persons with respect to certain entities participating in a federal drug discount program; providing a civil penalty.
Impact
If enacted, HB 3265 would have significant implications for state health law by enforcing protections for entities that participate in the 340B program. Covered entities, which often include hospitals and clinics serving low-income patients, would receive clearer guidelines and protections from discriminatory practices that could hinder their ability to provide affordable medications. It highlights a commitment to safeguarding access to essential drugs while maintaining compliance with federal regulations governing the 340B program.
Summary
House Bill 3265 addresses discriminatory practices by health benefit plan issuers, pharmacy benefit managers, and third-party payers concerning entities participating in the federal 340B drug discount program. The bill seeks to prohibit discrimination against covered entities and ensures that they are not subject to unfair practices in the acquisition and delivery of 340B drugs. Specific prohibitions against denying access to these drugs and imposing differing terms on covered entities are central to the legislation, seeking to create a fairer landscape for these healthcare providers who serve vulnerable populations.
Sentiment
The sentiment surrounding HB 3265 seems generally positive, particularly among advocates for healthcare equity and access to medication. Stakeholders in the healthcare community—including many legislators—recognize the importance of this bill in ensuring that vulnerable populations have continued access to discounted drugs. However, some concerns may arise regarding the enforcement of such provisions and whether the penalties imposed will be effective in preventing discriminatory practices without introducing additional burdens for healthcare providers.
Contention
Notably, there are potential points of contention regarding the bill's reach and the enforcement mechanisms it introduces. Some stakeholders may fear that the requirements imposed on health benefit plan issuers and pharmacy benefit managers could result in higher costs or limited access to other services. The fine structure for violations, reaching $50,000 for each infraction, raises discussions on the balance needed between ensuring compliance and avoiding excessive penalties that could inadvertently affect patient care.
Texas Constitutional Statutes Affected
Health And Safety Code
Chapter 431. Texas Food, Drug, And Cosmetic Act
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Insurance Code
Chapter 1369. Benefits Related To Prescription Drugs And Devices And Related Services