Politiparty
Politiparty
LeaderboardCongressBills

118th Congress Health

H.R. 2534: PROTECT 340B Act of 2023

Introduced

  1. Introduced (completed)Apr 6, 2023
  2. Passed House (not reached)
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Introduced in House, Apr 6, 2023

This bill prohibits pharmacy benefit managers (PBMs) and health insurance plans from discriminating against health providers participating in the 340B drug pricing program, including pharmacies contracted with such providers to dispense 340B drugs. The 340B program allows certain providers to receive covered outpatient drugs at reduced prices from manufacturers.

Specifically, PBMs and insurance plans may not

  • reimburse 340B participants at a lower rate than other entities not participating in the program;
  • impose differing terms (such as fees, charge-backs, or audits) on 340B participants;
  • interfere with an individual's choice to receive drugs from a 340B participant;
  • require 340B participants to identify which drugs fall within the program; or
  • refuse to contract with a 340B participant on the basis that they utilize the program.
Read the full summary

Further, insurance plans may not deny coverage of drug because it is a 340B drug.

Violations of this bill are subject to a civil penalty of not more than $5,000 per violation per day.

These prohibitions also apply to prescription drug (Part D) sponsors under Medicare.

The bill also provides for a process to prevent duplicate 340B drug discounts to states under Medicaid.

Written by the Congressional Research Service, Library of Congress.

Roll calls

0 votes on this bill

No roll call votes have been held on this bill.

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

37

Bipartisan support.

Who scored on this bill

12 points earned
  1. 1Abigail Spanberger D-VA SponsorDrew cross-party cosponsors, introduced, reached a cosponsor milestone3 events+12
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Abigail Spanberger

History

  1. Apr 6, 2023Introduced in the House by Abigail Spanberger.
Show the full action history (4 actions)
  1. Dec 17, 2024Referred to the Subcommittee on Health.
  2. Apr 14, 2023Referred to the Subcommittee on Health.
  3. Apr 6, 2023Introduced in House
  4. Apr 6, 2023Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.