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HOUSE DOCKET, NO. 1119 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1274
The Commonwealth of Massachusetts
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PRESENTED BY:
Brian W. Murray
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act prohibiting PBMs from discriminating against hospitals and patients participating in the
340B drug discount program.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/14/2025James B. EldridgeMiddlesex and Worcester2/10/2025Michael O. MooreSecond Worcester3/6/2025 1 of 2
HOUSE DOCKET, NO. 1119 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1274
By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1274) of
Brian W. Murray, James B. Eldridge and Michael O. Moore for legislation to prohibit
discrimination against 340B drug discount program participants. Financial Services.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act prohibiting PBMs from discriminating against hospitals and patients participating in the
340B drug discount program.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 An Act prohibiting PBMs from discriminating against hospitals and patients participating
2in the 340B drug discount program.
3 (a) In this section “340B covered entity” means an entity participating in the federal 340B
4drug discount program, as described in 42 U.S.C. § 256b, including its pharmacy or pharmacies,
5or any pharmacy or pharmacies, contracted with the participating entity to dispense drugs
6purchased through such program. (b) A pharmacy benefit manager or other third party that
7reimburses a 340B covered entity for drugs shall not:
8 (1) reimburse the 340B covered entity for a drug at a rate lower than that paid for the
9same drug to entities that are not 340B covered entities; (2) assess any fee, charge-back, or other
10adjustment on the 340B covered entity on the basis that the covered entity participates in the
11340B program; (3) restrict participation in a pharmacy or provider network based on an entity’s 2 of 2
12status as a 340B covered entity; (4) require the 340B covered entity to enter into a contract with a
13specific pharmacy to participate in the pharmacy benefit manager or third party’s pharmacy or
14provider network; (5) require a claim for a drug to include a modifier, supplemental
15transmission, to indicate that the drug is a 340B drug, or any other method of identifying the
16claim for a 340B drug, unless the claim is for payment, directly or indirectly, by Medicaid; or (6)
17impose coverage or benefits limitations, or require an enrollee to pay an additional fee, higher
18copay, higher coinsurance, second copay, second coinsurance, or other penalty when obtaining a
19drug from a 340 covered entity; (7) interfere with the patient's right to choose to obtain a drug
20from a 340B covered entity, including inducement, steering, or offering financial or other
21incentives.