Florida Senate - 2022                                    SB 1344
       
       
        
       By Senator Wright
       
       
       
       
       
       14-01012-22                                           20221344__
    1                        A bill to be entitled                      
    2         An act relating to the federal drug pricing program;
    3         creating s. 627.4216, F.S.; defining the terms “340B
    4         entity” and “health insurer”; prohibiting health
    5         insurers, pharmacy benefit managers, or third parties
    6         from reimbursing 340B entities at certain rates or
    7         imposing specified adjustments, exclusions, or claim
    8         requirements upon such entities; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 627.4216, Florida Statutes, is created
   14  to read:
   15         627.4216 Federal drug pricing program; participating
   16  entities.—
   17         (1) For purposes of this section, the term:
   18         (a) “340B entity” means an entity participating in the
   19  federal 340B drug pricing program under s. 340B of the Public
   20  Health Service Act, including the entity’s pharmacy or
   21  pharmacies, or any pharmacy under contract with the entity to
   22  dispense drugs on behalf of the entity.
   23         (b) “Health insurer” means an authorized insurer offering
   24  health insurance as defined in s. 624.603 or a health
   25  maintenance organization as defined in s. 641.19(12).
   26         (2) A health insurer, a pharmacy benefit manager acting on
   27  behalf of an insurer, or other third party may not:
   28         (a) Reimburse a 340B entity for a drug at a rate lower than
   29  that paid for the same drug to pharmacies that are not 340B
   30  entities;
   31         (b) Assess any fee, chargeback, or other adjustment upon a
   32  340B entity that is not equally assessed upon non-340B entities;
   33         (c) Exclude a 340B entity from the insurer’s network of
   34  participating pharmacies based on criteria that are not applied
   35  to non-340B entities; or
   36         (d) Require a claim for a drug by its National Drug Code to
   37  include a modifier to identify that the drug is medication
   38  covered under the 340B drug pricing program.
   39         Section 2. This act shall take effect July 1, 2022.