340B drug program participants would report financial and patient-care data

340B-covered entities would submit an annual report to the Department of Health and Human Services and the attorney general. The requirement would cover federally authorized 340B entities with a New Hampshire service address on January 1 of the reporting year, including affiliated offsite outpatient facilities. Reports would cover financial, drug-use, charity-care, patient-assistance, operating-cost, and collection information from the previous calendar year. Entities would report by payer type when feasible, including commercial insurance, Medicaid, Medicare, and uninsured patients. Submitted data would be confidential and unavailable for public inspection. The act would take effect January 1, 2027, and reports would be due before April 1 each year for the previous calendar year.

The Department of Health and Human Services would combine the submitted information into an annual report for legislative leaders and post it online. The report would cover the information submitted by New Hampshire 340B-covered entities under the proposed reporting requirements. The posted report would use aggregated data rather than individual entity reports. The underlying reports submitted by covered entities would remain confidential. The department would prepare and submit the report before November 15 each year.

The director of charitable trusts would review the reported data and could pursue penalties or other enforcement when the text's conditions are met. Review would focus on covered entities' use of 340B savings, charity-care practices, and collection of debts from financially indigent, medically indigent, or low-income patients. Knowingly sending a substantial number of those patients to collections would count as a significant factor suggesting that a charitable entity operates as a for-profit business. Before making a final determination against a charitable entity, the director would have to provide notice and an opportunity for a hearing. After a final finding that the entity mainly operates as a for-profit business in violation of charitable-purpose rules, the director would notify the federal tax agency. Late reporting would carry a $1,000 daily fine, and a violation of the 340B program's intent identified by the director would be treated as an unfair or deceptive trade practice. The review and penalty provisions would apply after the act takes effect on January 1, 2027; late-reporting fines would accrue for each day required information remains overdue.