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.
- IntroducedApr 6, 2023
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- 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.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-SD | Dusty Johnson | Original | Apr 6, 2023 |
| D-CA | Doris O. Matsui | May 2, 2023 | |
| D-MI | Rashida Tlaib | May 2, 2023 | |
| R-VA | Robert J. Wittman | May 2, 2023 | |
| R-KS | Tracey Mann | May 2, 2023 | |
| D-MD | C. A. Dutch Ruppersberger | May 9, 2023 | |
| D-CO | Jason Crow | May 9, 2023 | |
| D-MI | Elissa Slotkin | Jun 16, 2023 | |
| D-PA | Susan Wild | Jun 16, 2023 | |
| R-MO | Sam Graves | Jul 6, 2023 | |
| D-WI | Mark Pocan | Aug 4, 2023 | |
| D-TX | Colin Z. Allred | Aug 18, 2023 | |
| R-OK | Stephanie I. Bice | Aug 25, 2023 | |
| D-MI | Daniel T. Kildee | Sep 1, 2023 | |
| D-MI | Shri Thanedar | Sep 1, 2023 | |
| D-CO | Diana DeGette | Sep 5, 2023 | |
| D-DE | Lisa Blunt Rochester | Oct 17, 2023 | |
| D-FL | Lois Frankel | Oct 17, 2023 | |
| D-OR | Suzanne Bonamici | Oct 17, 2023 | |
| D-VA | Gerald E. Connolly | Oct 18, 2023 | |
| D-CA | J. Luis Correa | Oct 18, 2023 | |
| D-CO | Joe Neguse | Oct 19, 2023 | |
| D-FL | Kathy Castor | Oct 19, 2023 | |
| D-CT | Rosa L. DeLauro | Oct 19, 2023 | |
| D-IL | Mike Quigley | Oct 24, 2023 | |
| D-NC | Kathy E. Manning | Oct 25, 2023 | |
| D-NY | Daniel S. Goldman | Oct 26, 2023 | |
| D-VA | Jennifer Wexton | Oct 26, 2023 | |
| D-MO | Emanuel Cleaver | Nov 1, 2023 | |
| D-AZ | Greg Stanton | Nov 6, 2023 | |
| D-ME | Chellie Pingree | Dec 13, 2023 | |
| D-IL | Eric Sorensen | Dec 13, 2023 | |
| D-CA | Maxine Waters | Dec 13, 2023 | |
| D-KS | Sharice Davids | Jan 11, 2024 | |
| D-MA | Stephen F. Lynch | Apr 9, 2024 | |
| D-IN | Frank J. Mrvan | Sep 3, 2024 | |
| D-MA | Seth Moulton | Sep 19, 2024 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Apr 6, 2023 |
| Health Subcommittee | Referred Apr 14, 2023 | |
| House | Ways and Means Committee | Referred Apr 6, 2023 |
| Health Subcommittee | Referred Dec 17, 2024 |
Actions 4
Everything that happened, newest first.
- Dec 17, 2024Referred to the Subcommittee on Health.
- Apr 14, 2023Referred to the Subcommittee on Health.
- Apr 6, 2023Introduced in House
- 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
The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 60, April 6, 2023, page H1712.
Printed hearings 2
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
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.
- Apr 6, 2023Introduced in House
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.