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2 | 2 | | HOUSE DOCKET, NO. 2870 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 779 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Kate Lipper-Garabedian |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to protect 340B providers in the MassHealth program. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/16/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 2870 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 779 |
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18 | 18 | | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. |
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19 | 19 | | 779) of Kate Lipper-Garabedian relative to hospital access to discounted purchase of prescription |
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20 | 20 | | drugs. Elder Affairs. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to protect 340B providers in the MassHealth program. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 Section 13L of chapter 118E of the General Laws is hereby amended by striking the |
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30 | 30 | | 2section in its entirety and replacing with the following: |
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31 | 31 | | 3 “The secretary of health and human services, hereinafter “the secretary”, shall not restrict |
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32 | 32 | | 4or limit an eligible hospital’s access to the discounted purchase of prescription drugs to the full |
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33 | 33 | | 5extent permitted under section 340B of the Public Health Service Act, as codified under 42 |
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34 | 34 | | 6U.S.C. 256b unless the secretary provides the following not less than 180 days before the |
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35 | 35 | | 7proposed effective date of the limitation or restriction: (i) notice to eligible hospitals of the |
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36 | 36 | | 8proposed restriction or limitation; and (ii) a report with the joint committee on health care |
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37 | 37 | | 9financing and the senate and house committees on ways and means detailing: (A) the proposed |
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38 | 38 | | 10restriction or limitation; (B) the anticipated aggregate savings to the commonwealth; (C) the |
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39 | 39 | | 11estimated fiscal impact of the restriction or limitation on each affected hospital; and (D) the |
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40 | 40 | | 12manner in which the secretary plans to mitigate the fiscal impact, which may include measures to 2 of 2 |
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41 | 41 | | 13maintain savings already achieved by providers under said 42 U.S.C. 256b. In addition to the |
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42 | 42 | | 14foregoing, the secretary shall not take any actions, including through managed care entities as |
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43 | 43 | | 15defined in section 13D ½ of this chapter, that restrict or limit reimbursement or coverage of a |
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44 | 44 | | 16drug purchased under 42 U.S.C. 256b when furnished to MassHealth members, unless the |
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45 | 45 | | 17specific drug subject to restriction or limitation (i) costs $100,000 or more per utilizer per year |
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46 | 46 | | 18and is one of up to 25 drugs designated by the executive office for exclusion from MassHealth |
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47 | 47 | | 19members, or (ii) is one of the seven GLP-1 Agonist drugs designated by the executive office that |
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48 | 48 | | 20is restricted from reimbursement if purchased under 42 U.S.C. 256b effective July 1, 2024.” |
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