underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HOUSE BILL 78
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Elizabeth "Liz" Thomson
AN ACT
RELATING TO PRESCRIPTION DRUGS; ENACTING A NEW SECTION OF THE
NEW MEXICO INSURANCE CODE TO PROHIBIT DISCRIMINATION AGAINST
ENTITIES PARTICIPATING IN THE FEDERAL 340B DRUG PRICING
PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the New Mexico Insurance Code
is enacted to read:
"[NEW MATERIAL] PROHIBITION OF DISCRIMINATION AGAINST 340B
ENTITIES.--
A. As used in this section:
(1) "340B drug" means a drug that is purchased
at a discount in accordance with the 340B program requirements;
(2) "340B program" means the federal drug
pricing program created pursuant to 42 U.S.C. Section 256b;
.228978.2 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(3) "affiliate" means a person that directly
or indirectly controls, is controlled by or is under common
control with a manufacturer;
(4) "covered entity" means an entity
participating in the 340B program; and
(5) "manufacturer" means an entity licensed to
manufacture or distribute prescription drugs pursuant to the
Pharmacy Act.
B. A manufacturer, a manufacturer's agent or an
affiliate of a manufacturer shall not directly or indirectly:
(1) deny, restrict, prohibit or interfere with
the acquisition of a 340B drug by, or delivery of a 340B drug
to, a pharmacy that is under contract with a covered entity and
is authorized to receive and dispense 340B drugs on behalf of
the covered entity unless receipt of the 340B drugs is
prohibited by the United States department of health and human
services;
(2) interfere with a pharmacy contracted with
a covered entity; or
(3) require a covered entity to submit any
claims or utilization data as a condition for allowing the
acquisition of a 340B drug by, or delivery of a 340B drug to, a
covered entity unless the sharing of claims or utilization data
is required by federal law."
- 2 -
.228978.2