HF 2009 (LSB 5704YH (1) 91)

HOUSE FILE 2009

BY  BARKER

A BILL FOR

An Act relating to manufacturers and distributors of 340B drugs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 510D.1, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “340B drug” means a covered outpatient drug for which a manufacturer has offered a reduced price pursuant to 42 U.S.C. §256b, and that is purchased by a covered entity.
   NEW SUBSECTION.  4A.  “Distributor” means a person, other than a manufacturer, engaged in the wholesale distribution of a prescription drug to a retail community pharmacy, including but not limited to repackers, jobbers, brokers, warehouses, independent wholesale drug traders, and retail community pharmacies that conduct wholesale distributions.
   NEW SUBSECTION.  5A.  “Manufacturer” means the same as defined in section 1927(k)(5) of the federal Social Security Act.
    Sec. 2.  Section 510D.2, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A manufacturer or distributor shall not, either directly or indirectly, deny, restrict, or otherwise interfere with the acquisition of a 340B drug by a covered entity, or delivery of a 340B drug to a contract pharmacy, unless such purchase or receipt is prohibited by the United States department of health and human services.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to manufacturers and distributors of 340B drugs.
   “340B drug”, “manufacturer”, and “distributor” are defined in the bill. The bill prohibits a manufacturer or distributor from, directly or indirectly, denying, restricting, or interfering with the acquisition of a 340B drug by a covered entity, or the delivery of a 340B drug to a contract pharmacy, unless otherwise prohibited by the United States department of health and human services.