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HOUSE DOCKET, NO. 2840 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 785
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 protecting 340B contract pharmacies.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/16/2025 1 of 3
HOUSE DOCKET, NO. 2840 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 785
By Representative Murray of Milford, a petition (accompanied by bill, House, No. 785) of Brian
W. Murray relative to 340B contract pharmacies. Elder Affairs.
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 protecting 340B contract pharmacies.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 1. Title
2 This act shall be known as and may be cited as the “An Act protecting 340B contract
3pharmacies.”
4 Section 2. Definitions
5 (A) “340B drug” means a drug that a 340B entity may purchase at a reduced price
6pursuant to 42 U.S.C. § 256b.
7 (B) “340B entity” means an entity authorized to participate in the federal 340B drug
8discount program, as described in 42 U.S.C. § 256b(a)(4).
9 (C) “Manufacturer” has the meaning given the term in section 1927(k) of the Social
10Security Act. 2 of 3
11 Section 3. Prohibition of Certain Discriminatory Actions by a Manufacturer or
12Distributor
13 (A) A manufacturer, an agent or affiliate of such manufacturer, or distributor or third-
14party logistics provider of a manufacturer’s drugs, shall not, directly or indirectly, deny, restrict,
15or prohibit the acquisition of a 340B drug by, or delivery of a 340B drug to, any location
16authorized by a 340B entity to receive such 340B drug, unless receipt of the 340B drug is
17prohibited by federal law.
18 (B) A manufacturer, an agent or affiliate of such manufacturer, or distributor or third-
19party logistics provider shall not, either directly or indirectly, require a 340B entity to submit any
20claims or utilization data as a condition for allowing the acquisition of a 340B drug by, or
21delivery of a 340B drug to, a 340B entity unless the claims or utilization data sharing is required
22by federal law.
23 Section 4. Violations
24 (A) A violation of any provision of this Act by a manufacturer or distributor or third-
25party logistics provider of a manufacturer’s drugs constitutes a section 11 violation of the
26Massachusetts Consumer Protection Act.
27 (B) Each package of 340B drugs determined to be subject to a prohibited act under
28Section 3 constitutes a separate violation under this section.
29 Section 5. Federal Preemption 3 of 3
30 (A)Nothing in this Chapter is to be construed or applied to be in conflict with federal law
31and related regulations, including 21 U.S.C. § 355-1, or other laws of this state, if the state law is
32compatible with applicable federal law.
33 Section 6. Severability
34 The individual provisions of this Act are severable. If any provision or item of this Act,
35or the application thereof, is held invalid, such invalidity shall not affect any other provision,
36item, or application of the Act which can be given effect without the invalid provision, item, or
37application.
38 Section 7. Effective Date
39 This Act shall become effective upon being enacted into law.