House
Study
Bill
590
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
BILL
BY
CHAIRPERSON
MEYER)
A
BILL
FOR
An
Act
relating
to
manufacturers
and
wholesalers
of
340B
drugs.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5702YC
(2)
90
nls/ko
H.F.
_____
Section
1.
Section
510D.1,
Code
2024,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
01.
“340B
drug”
means
a
covered
outpatient
3
drug
for
which
a
manufacturer
has
offered
a
reduced
price
4
pursuant
to
42
U.S.C.
§256b,
and
that
is
purchased
by
a
covered
5
entity.
6
NEW
SUBSECTION
.
5A.
“Manufacturer”
means
the
same
as
7
defined
in
section
1927(k)(5)
of
the
federal
Social
Security
8
Act.
9
NEW
SUBSECTION
.
10.
“Wholesaler”
means
the
same
as
defined
10
in
section
1927(k)(11)
of
the
federal
Social
Security
Act.
11
Sec.
2.
Section
510D.2,
Code
2024,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
4.
A
manufacturer
or
wholesaler
shall
not
14
do
any
of
the
following:
15
a.
Either
directly
or
indirectly
deny,
restrict,
or
16
otherwise
interfere
with
the
acquisition
or
purchase
of
a
17
340B
drug
by
a
covered
entity,
or
delivery
of
a
340B
drug
18
to
a
contract
pharmacy,
unless
such
purchase
or
receipt
is
19
prohibited
by
the
United
States
department
of
health
and
human
20
services.
21
b.
Impose
reporting
requirements
or
restrictive
contract
22
terms
that
are
not
required
by
law
in
order
for
a
covered
23
entity
or
a
contract
pharmacy
to
purchase
and
receive
340B
24
drugs.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
manufacturers
and
wholesalers
of
340B
29
drugs.
30
“340B
drug”,
“manufacturer”,
and
“wholesaler”
are
defined
31
in
the
bill.
The
bill
prohibits
a
manufacturer
or
wholesaler
32
from,
directly
or
indirectly,
denying,
restricting,
or
33
interfering
with
either
the
acquisition
or
purchase
of
a
340B
34
drug
by
a
covered
entity,
or
the
delivery
of
a
340B
drug
to
a
35
-1-
LSB
5702YC
(2)
90
nls/ko
1/
2
H.F.
_____
contract
pharmacy,
unless
otherwise
prohibited
by
the
United
1
States
department
of
health
and
human
services.
The
bill
2
prohibits
a
manufacturer
or
wholesaler
from
requiring
reporting
3
requirements
or
imposing
contractual
restrictions
that
are
4
not
required
by
law
in
order
for
a
covered
entity
or
contract
5
pharmacy
to
purchase
and
receive
340B
drugs.
6
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LSB
5702YC
(2)
90
nls/ko
2/
2