Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1274 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1119 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1274
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brian W. Murray
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act prohibiting PBMs from discriminating against hospitals and patients participating in the
13	13	340B drug discount program.
14	14	_______________
15	15	PETITION OF:
16	16	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
17	17	HOUSE DOCKET, NO. 1119 FILED ON: 1/14/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1274
19	19	By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1274) of
20	20	Brian W. Murray, James B. Eldridge and Michael O. Moore for legislation to prohibit
21	21	discrimination against 340B drug discount program participants. Financial Services.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act prohibiting PBMs from discriminating against hospitals and patients participating in the
28	28	340B drug discount program.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 An Act prohibiting PBMs from discriminating against hospitals and patients participating
32	32	2in the 340B drug discount program.
33	33	3 (a) In this section “340B covered entity” means an entity participating in the federal 340B
34	34	4drug discount program, as described in 42 U.S.C. § 256b, including its pharmacy or pharmacies,
35	35	5or any pharmacy or pharmacies, contracted with the participating entity to dispense drugs
36	36	6purchased through such program. (b) A pharmacy benefit manager or other third party that
37	37	7reimburses a 340B covered entity for drugs shall not:
38	38	8 (1) reimburse the 340B covered entity for a drug at a rate lower than that paid for the
39	39	9same drug to entities that are not 340B covered entities; (2) assess any fee, charge-back, or other
40	40	10adjustment on the 340B covered entity on the basis that the covered entity participates in the
41	41	11340B program; (3) restrict participation in a pharmacy or provider network based on an entity’s 2 of 2
42	42	12status as a 340B covered entity; (4) require the 340B covered entity to enter into a contract with a
43	43	13specific pharmacy to participate in the pharmacy benefit manager or third party’s pharmacy or
44	44	14provider network; (5) require a claim for a drug to include a modifier, supplemental
45	45	15transmission, to indicate that the drug is a 340B drug, or any other method of identifying the
46	46	16claim for a 340B drug, unless the claim is for payment, directly or indirectly, by Medicaid; or (6)
47	47	17impose coverage or benefits limitations, or require an enrollee to pay an additional fee, higher
48	48	18copay, higher coinsurance, second copay, second coinsurance, or other penalty when obtaining a
49	49	19drug from a 340 covered entity; (7) interfere with the patient's right to choose to obtain a drug
50	50	20from a 340B covered entity, including inducement, steering, or offering financial or other
51	51	21incentives.