H.R. 4390 · 117th Congress · House

PROTECT 340B Act of 2021

Active· Referred to the Subcommittee on Health.
Introduced
Jul 9, 21
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Preserving Rules Ordered for The Entities Covered Through 340B Act of 2021 or the PROTECT 340B Act of 2021

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.

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.

Action Timeline

6
  1. JUL 12, 2021Committee

    Referred to the Subcommittee on Health.

  2. JUL 09, 2021IntroReferral

    Introduced in House

  3. JUL 09, 2021IntroReferral

    Introduced in House

  4. JUL 09, 2021IntroReferral

    Referred 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.

  5. JUL 09, 2021IntroReferral

    Referred 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.

  6. JUL 09, 2021Committee

    Referred to the Subcommittee on Health.

Committees

4

Health Subcommittee

hsif14

Referred: Jul 12, 2021

Active

Health Subcommittee

hswm02

Referred: Jul 9, 2021

Active

Ways and Means Committee

hswm00

Referred: Jul 9, 2021

Active

Energy and Commerce Committee

hsif00

Referred: Jul 9, 2021

Active