SB 253-FN - AS INTRODUCED
2025 SESSION
25-1102
05/08
SENATE BILL253-FN
AN ACTrelative to participation in the federal 340B Drug Pricing Program.
SPONSORS:Sen. Reardon, Dist 15; Sen. Gannon, Dist 23
COMMITTEE:Health and Human Services
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ANALYSIS
This bill prohibits a drug manufacturer from denying or restricting acquisition or delivery of a 340B covered drug by a covered entity unless receipt of the drug is prohibited by federal law. The bill also prohibits a drug manufacturer from requiring certain claims or utilization data from the 340B covered entity unless required by federal law. The bill makes such actions a violation of the consumer protection act.
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Explanation:Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1102
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTrelative to participation in the federal 340B Drug Pricing Program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Trade and Commerce; Regulation of Business Practices for Consumer Protection. Amend RSA 358-A:2 by inserting after paragraph XIX the following new paragraph:
XX. A drug manufacturer under RSA 318, an agent or affiliate of such manufacturer, or a distributor or third-party logistics provider of such manufacturer’s drugs, directly or indirectly:
(a) Denying, restricting, or prohibiting the acquisition of a 340B covered drug, as defined in 42 U.S.C. section 256b et seq., by, or delivery of a 340B covered drug to, any location authorized by a 340B covered entity, as defined in 42 U.S.C. section 256b et seq., to receive such 340B covered drug, unless receipt of the 340B covered drug is prohibited by federal law; and/or
(b) Requiring a 340B covered entity to submit any claims or utilization data as a condition for allowing the acquisition of a 340B covered drug by, or delivery of a 340B covered drug to, a 340B covered entity unless the claims or utilization data sharing is required by federal law.
2 Effective Date. This act shall take effect January 1, 2026.
LBA
25-1102
1/16/25
SB 253-FN- FISCAL NOTE
AS INTRODUCED
AN ACTrelative to participation in the federal 340B Drug Pricing Program.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Insurance Department and Department of Justice. The Departments were contacted on 1/15/25 for a fiscal note worksheet. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Insurance Department and Department of Justice