HR 4390 · 117th Congress 2021–2023, ended

PROTECT 340B Act of 2021

Fact sheet

Latest action · Jul 12, 2021 Referred to the Subcommittee on Health.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJul 9, 2021
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

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.

Cosponsors 115

Members who signed on, in the order they did. Signatures ran from Jul 9, 2021 to Nov 3, 2022, with 1 there on the day it was introduced.

SeatCosponsorSigned on
D-VAAbigail Davis SpanbergerOriginalJul 9, 2021
D-CADoris O. MatsuiJul 13, 2021
D-PADwight EvansJul 20, 2021
R-ARJ. French HillJul 20, 2021
R-VARobert J. WittmanJul 20, 2021
D-PASusan WildJul 20, 2021
D-VTPeter WelchJul 22, 2021
R-MSSteven M. PalazzoJul 22, 2021
R-VABen ClineJul 27, 2021
D-RIDavid N. CicillineJul 27, 2021
R-WIGlenn GrothmanJul 27, 2021
D-NCKathy E. ManningJul 27, 2021
R-NCMadison CawthornJul 27, 2021
R-ARBruce WestermanAug 3, 2021
D-CALucille Roybal-AllardAug 3, 2021

Actions 4

Everything that happened, newest first.

  1. Jul 12, 2021Referred to the Subcommittee on Health.
  2. Jul 9, 2021Introduced in House
  3. Jul 9, 2021Referred 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.
  4. Jul 9, 2021Referred to the Subcommittee on Health.

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 1

Each version as it was printed, newest first.

  1. Jul 9, 2021Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.