Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S848 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2318 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 848
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Cronin
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 relating to covered entity reporting to increase accountability to safeguard benefit for
13	13	vulnerable patients.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 4
17	17	SENATE DOCKET, NO. 2318 FILED ON: 1/17/2025
18	18	SENATE . . . . . . . . . . . . . . No. 848
19	19	By Mr. Cronin, a petition (accompanied by bill, Senate, No. 848) of John J. Cronin for
20	20	legislation to require all covered entities to file an annual report to the Center for Health
21	21	Information and Analysis to increase accountability to safeguard benefit for vulnerable patients.
22	22	Health Care Financing.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relating to covered entity reporting to increase accountability to safeguard benefit for
29	29	vulnerable patients.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 12C of the General laws is hereby amended by inserting after
33	33	2section 9, the following new section:-
34	34	3 Section 9A.
35	35	4 (a) DEFINITIONS. For the purposes of this section:
36	36	5 (1) “340B program,” means the federal drug pricing program described in 42 U.S.C.
37	37	6256b.
38	38	7 (2) “Center for Health Information and Analysis,” the center established by the
39	39	8provisions of section 2 of this chapter.
40	40	9 (3) “Charity care,” the term in line 23 of worksheet S–10 to the Medicare cost report or in
41	41	10any successor form. 2 of 4
42	42	11 (4) “Contract pharmacy,” a pharmacy with which a covered entity has contracted to
43	43	12dispense covered outpatient drugs on behalf of the covered entity to patients of the covered
44	44	13entity, whether distributed in person, via mail, or by other means.
45	45	14 (5) “Covered entity,” a covered entity as defined in 42 U.S.C. 256b(a)(4).
46	46	15 (6) “Covered outpatient drug,” a covered outpatient drug, as defined in 42 U.S.C. 1396r-
47	47	168(k)(2), that has been subject to any offer for reduced prices by a manufacturer pursuant to 42
48	48	17U.S.C. 256(b)(a)(1), and is purchased by a covered entity.
49	49	18 (b) Beginning on [April 1, 2026], each covered entity shall annually report to the Center
50	50	19for Health Information and Analysis, in a form and manner determined by the center, the
51	51	20following information about the prior year regarding the covered entity and each offsite
52	52	21outpatient facility associated with the covered entity:
53	53	22 (1) Delineated by form of insurance or payor type, including but not limited to Medicaid,
54	54	23Medicare, commercial insurance, and uninsured:
55	55	24 (i) Aggregate acquisition cost paid for all covered outpatient drugs;
56	56	25 (ii) Aggregated payments received by insurers or payors for all covered outpatient drugs;
57	57	26and
58	58	27 (iii) Total number of prescriptions and percentage of the covered entity’s prescriptions
59	59	28that were filled with covered outpatient drugs;
60	60	29 (2) Total operating costs of the covered entity, including itemized costs for: 3 of 4
61	61	30 (i) Implementing direct pass through of 340B program discounts to patients of the
62	62	31covered entity in the form of lower cost sharing for covered outpatient drugs at the point of
63	63	32dispensing or administration;
64	64	33 (ii) Implementing a sliding fee scale for covered outpatient drugs at the point of sale for
65	65	34patients with incomes less than 200% of the Federal Poverty Guidelines; and
66	66	35 (iii) Charity care;
67	67	36 (3) Total payments made by the covered entity or any agent of the covered entity to:
68	68	37 (i) Contract pharmacies for 340B program-related services and other functions;
69	69	38 (ii) Third-party administrators for managing any components of the covered entity’s
70	70	39340B program; and
71	71	40 (iii) Any other third parties in connection with 340B program-related compliance, legal,
72	72	41educational, and/or administrative costs;
73	73	42 (4) Total number of contract pharmacies, and:
74	74	43 (i) Number of contract pharmacies located out-of-state and the states in which such out-
75	75	44of-state contract pharmacies are located;
76	76	45 (ii) Total number of prescriptions and orders for covered outpatient drugs filled by the
77	77	46covered entity and by each offsite outpatient facility associated with the covered entity, and the
78	78	47percentage of such prescriptions or orders that were filled at contract pharmacies, delineated by
79	79	48in-state and out-of-state contract pharmacies; 4 of 4
80	80	49 (iii) Total remuneration paid to or retained by contract pharmacies or their affiliates for
81	81	50any 340B program-related services performed on behalf of the covered entity and each offsite
82	82	51outpatient facility associated with the covered entity; and
83	83	52 (iv) The percentage change in remuneration described in subsection [(b)(4)(iii)] for the
84	84	53prior year compared to the year before that.
85	85	54 (c) An officer of the covered entity shall certify the completeness and accuracy of the
86	86	55report submitted pursuant to subsection (b).
87	87	56 (d) The Center for Health Information and Analysis post all reports submitted by covered
88	88	57entities pursuant to subsection (b) on a publicly accessibly website.
89	89	58 SECTION 2. This act shall take effect upon its passage.