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PROTECT 340B Act of 2023

H.R. 2534 Rep. Abigail Spanberger (D-VA-7) In committee
Bill text PDF
  1. Introduced Apr 6
  2. Committee Apr 6
  3. Passed House Next
  4. Passed Senate Not yet
  5. To President Not yet
  6. Law Not yet
Where it stands
In committee, Apr 6, 2023Next: House vote
680d ago Dec 17, 2024: Referred to the Subcommittee on Health.
Final votes
No roll callsNo recorded vote on this bill yet
Lobbying
3companies, 4 filings
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Summary

Preserving Rules Ordered for The Entities Covered Through 340B Act of 2023 or the PROTECT 340B Act of 2023

Full summary11 paragraphs

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.

Library of Congress summary, Apr 6, 2023

Summary versions
  • Introduced in HouseApr 6, 2023

Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 28, 2026.