HR 2534 · 118th Congress 2023โ€“2025, ended

PROTECT 340B Act of 2023

Latest action · Dec 17, 2024 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. IntroducedApr 6, 2023
  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 2023 or the PROTECT 340B Act of 2023

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.

Further, insurance plans may not deny coverage of drug because it is a 340B drug.

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 37

Members who signed on, in the order they did. Signatures ran from Apr 6, 2023 to Sep 19, 2024; 1 is an original cosponsor, there from the day it was introduced.

SeatCosponsorSigned on
R-SDDusty JohnsonOriginalApr 6, 2023
D-CADoris O. MatsuiMay 2, 2023
D-MIRashida TlaibMay 2, 2023
R-VARobert J. WittmanMay 2, 2023
R-KSTracey MannMay 2, 2023
D-MDC. A. Dutch RuppersbergerMay 9, 2023
D-COJason CrowMay 9, 2023
D-MIElissa SlotkinJun 16, 2023
D-PASusan WildJun 16, 2023
R-MOSam GravesJul 6, 2023
D-WIMark PocanAug 4, 2023
D-TXColin Z. AllredAug 18, 2023
R-OKStephanie I. BiceAug 25, 2023
D-MIDaniel T. KildeeSep 1, 2023
D-MIShri ThanedarSep 1, 2023
D-CODiana DeGetteSep 5, 2023
D-DELisa Blunt RochesterOct 17, 2023
D-FLLois FrankelOct 17, 2023
D-ORSuzanne BonamiciOct 17, 2023
D-VAGerald E. ConnollyOct 18, 2023
D-CAJ. Luis CorreaOct 18, 2023
D-COJoe NeguseOct 19, 2023
D-FLKathy CastorOct 19, 2023
D-CTRosa L. DeLauroOct 19, 2023
D-ILMike QuigleyOct 24, 2023
D-NCKathy E. ManningOct 25, 2023
D-NYDaniel S. GoldmanOct 26, 2023
D-VAJennifer WextonOct 26, 2023
D-MOEmanuel CleaverNov 1, 2023
D-AZGreg StantonNov 6, 2023
D-MEChellie PingreeDec 13, 2023
D-ILEric SorensenDec 13, 2023
D-CAMaxine WatersDec 13, 2023
D-KSSharice DavidsJan 11, 2024
D-MAStephen F. LynchApr 9, 2024
D-INFrank J. MrvanSep 3, 2024
D-MASeth MoultonSep 19, 2024

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Apr 6, 2023
Health Subcommittee
Referred Apr 14, 2023
HouseWays and Means Committee
Referred Apr 6, 2023
Health Subcommittee
Referred Dec 17, 2024

Actions 4

Everything that happened, newest first.

  1. Dec 17, 2024Referred to the Subcommittee on Health.
  2. Apr 14, 2023Referred to the Subcommittee on Health.
  3. Apr 6, 2023Introduced in House
  4. Apr 6, 2023Referred 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.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I Section 8 Section 8--Powers of Congress. To make all Laws which shall The single subject of this legislation is: This bill prohibits pharmacy benefit managers (PBMs) and health insurance plans from discriminating against health providers participating in the 340B drug pricing program.

The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 60, April 6, 2023, page H1712.

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend title XXVII of the Public Health Service Act to ensure the equitable treatment of covered entities and pharmacies participating in the 340B drug discount program, and for other purposes.
Short Title(s) as Introduced
PROTECT 340B Act of 2023
Preserving Rules Ordered for The Entities Covered Through 340B Act of 2023

Subjects

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

Text 1

Each version as it was printed, newest first.

  1. Apr 6, 2023Introduced 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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.