Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H779 Compare Versions

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22 HOUSE DOCKET, NO. 2870 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 779
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kate Lipper-Garabedian
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to protect 340B providers in the MassHealth program.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/16/2025 1 of 2
1616 HOUSE DOCKET, NO. 2870 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 779
1818 By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
1919 779) of Kate Lipper-Garabedian relative to hospital access to discounted purchase of prescription
2020 drugs. Elder Affairs.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act to protect 340B providers in the MassHealth program.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 Section 13L of chapter 118E of the General Laws is hereby amended by striking the
3030 2section in its entirety and replacing with the following:
3131 3 “The secretary of health and human services, hereinafter “the secretary”, shall not restrict
3232 4or limit an eligible hospital’s access to the discounted purchase of prescription drugs to the full
3333 5extent permitted under section 340B of the Public Health Service Act, as codified under 42
3434 6U.S.C. 256b unless the secretary provides the following not less than 180 days before the
3535 7proposed effective date of the limitation or restriction: (i) notice to eligible hospitals of the
3636 8proposed restriction or limitation; and (ii) a report with the joint committee on health care
3737 9financing and the senate and house committees on ways and means detailing: (A) the proposed
3838 10restriction or limitation; (B) the anticipated aggregate savings to the commonwealth; (C) the
3939 11estimated fiscal impact of the restriction or limitation on each affected hospital; and (D) the
4040 12manner in which the secretary plans to mitigate the fiscal impact, which may include measures to 2 of 2
4141 13maintain savings already achieved by providers under said 42 U.S.C. 256b. In addition to the
4242 14foregoing, the secretary shall not take any actions, including through managed care entities as
4343 15defined in section 13D ½ of this chapter, that restrict or limit reimbursement or coverage of a
4444 16drug purchased under 42 U.S.C. 256b when furnished to MassHealth members, unless the
4545 17specific drug subject to restriction or limitation (i) costs $100,000 or more per utilizer per year
4646 18and is one of up to 25 drugs designated by the executive office for exclusion from MassHealth
4747 19members, or (ii) is one of the seven GLP-1 Agonist drugs designated by the executive office that
4848 20is restricted from reimbursement if purchased under 42 U.S.C. 256b effective July 1, 2024.”