Neither a pharmacy benefit manager nor a pharmacy benefit manager affiliate may, directly or indirectly, discriminate against a 340B entity or a pharmacy under contract with a 340B entity, on the basis that the 340B entity or a pharmacy under contract with a 340B entity participates in the 340B drug discount program by imposing terms or conditions that differ from a similarly situated entity that does not participate in the 340B drug discount program. Discriminatory acts include:

1. (1) Reimbursing a 340B entity at a rate lower than that paid for the same drug to a pharmacy that has a similar prescription volume but is not a 340B entity;
2. (2) Assessing a fee or cost, imposing a charge back, or imposing any other adjustment against a 340B entity, on the ground that the 340B entity participates in the 340B drug discount program;
3. (3) Restricting access by a 340B entity to a pharmacy network on the ground that the 340B entity participates in the 340B drug discount program;
4. (4) Requiring that a 340B entity contract with a specific pharmacy or health coverage plan as a condition of participating in a pharmacy network;
5. (5) Imposing a new restriction or an additional charge on a patient who elects to receive a prescription drug through a 340B entity;
6. (6) Restricting the method by which a 340B entity may dispense or deliver 340B drugs;
7. (7) Auditing a 340B entity, as provided for under § 58-29F-1, more frequently than similarly situated entities that do not participate in the 340B drug discount program;
8. (8) Refusing to provide reimbursement or coverage for 340B drugs that are part of a formulary;

9. (9) Basing prescription drug benefit coverage or formulary decisions on:

   1. (a) The 340B status of a drug, including price or availability; or
   2. (b) Whether a dispensing pharmacy participates in 340B drug pricing;
10. (10) Imposing on a 340B entity any requirement or restriction that interferes with the entity’s ability to maximize the value of the discounts obtained through participation in the 340B drug discount program; and
11. (11) Imposing on a 340B entity any contractual terms and conditions that differ from those imposed on a similarly situated entity that is not a 340B entity.

Source: SL 2019, ch 213 , § 4; SL 2024, ch 203 , § 4, eff. Jan. 1, 2025.