HJC/HJC/HB 78/a
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AN ACT
RELATING TO PRESCRIPTION DRUGS; PROHIBITING 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. 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;
(3) "affiliate" means a person that directly
or indirectly controls, is controlled by or is under common
control with a manufacturer;
(4) "applicable entity" means an
organization that receives federal grant funding and is
recognized by the federal health resources and services
administration as a federally qualified health center or a
federally qualified health center lookalike; and
(5) "manufacturer" means an entity licensed
to manufacture prescription drugs pursuant to the Pharmacy
Act. HJC/HJC/HB 78/a
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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 contractually obligated with an
applicable entity and is authorized to receive and dispense
340B drugs on behalf of the applicable entity unless receipt
of the 340B drugs is prohibited by the United States
department of health and human services;
(2) interfere with the ability of a pharmacy
contracted with an applicable entity to dispense 340B drugs
to the applicable entity's eligible patients; or
(3) require an applicable entity to submit
any claims, utilization, purchasing or other data as a
condition for allowing the acquisition of a 340B drug by, or
delivery of a 340B drug to, an applicable entity unless the
sharing of claims or utilization data is required by federal
law.
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2026.