WashingtonWashington law limits drug makers' control over 340B medicine deliveries
Washington law bars drug makers from blocking many 340B drug deliveries and requires certain health centers and hospitals to report yearly program finances.
What it does
Drug makers and their agents may not block covered providers from getting discounted 340B medicines through contracted pharmacies or authorized locations, unless federal law prohibits receipt.
Washington federally qualified health centers and certain hospitals must report yearly 340B finances and how they use savings. After written notice, they have 30 days to fix a missed report before a fine may be issued.
The health care authority may charge yearly fees to manufacturers and covered providers that report 340B data. Provider fees are based on revenue and cannot cover more than 25 percent of reporting costs.
Covered providers may sue drug makers or their agents for violations, and the attorney general may bring an enforcement action. A court may order the violation to stop and impose civil penalties.
Argument forPatients may have steadier access to discounted medicines because drug makers cannot block covered providers from using contracted pharmacies, unless federal law bars it.
Argument againstYearly reports could take staff time from health centers and hospitals as they gather financial, pharmacy, and patient service information.
More detail
Drug makers and their agents may not block or limit covered providers from getting 340B drugs through contracted pharmacies or authorized locations. It covers 340B providers, pharmacies contracted to receive and dispense their drugs, and locations those providers authorize. The rule does not apply when federal law prohibits receipt of the drug. The rule applies to acquiring or delivering a 340B drug.
Certain covered providers must report yearly information about their 340B programs to the health care authority. The duty applies to Washington federally qualified health centers and hospitals that meet the listed federal definitions. Reports cover finances, use of savings, payments to pharmacies and other service providers, and patients served using sliding fees. The authority may fine a provider $1,000 per day for a late report, but must first give written notice and allow 30 days to correct it. Reports are due by April 1 after the provider's fiscal year and cover the previous fiscal year.
The health care authority may charge yearly fees to manufacturers and covered providers that report 340B data. Fees apply to manufacturers and covered providers required to report 340B data. Fees must cover the authority's data collection and reporting costs. Provider fees are tiered by gross operating revenue and cannot be set to cover more than 25 percent of those costs. Fee money may be spent only after an appropriation and only on collecting and reporting 340B data. Fees are paid annually in the form and manner set by the authority; spending from the fee account requires an appropriation.
Covered providers may sue drug makers, and the attorney general may bring enforcement actions. A covered entity may sue a manufacturer or its agent; the attorney general may sue in the state's name or for state residents. A court may order a violation to stop and award up to $5,000 per day for each violation, plus reasonable legal fees and costs. Each package of 340B drugs involved in a prohibited act counts as a separate violation. Federal law controls if it conflicts with these rules.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 25Effective date 6/11/2026.Latest
- Mar 25Chapter 227, 2026 Laws.Major
- Mar 25Governor Bob Ferguson signed.Became Law
- Mar 12Delivered to Governor.To Governor
- Mar 11Speaker signed.Major
- Mar 10President signed.Passed House
- Mar 9Passed final passage; yeas, 30; nays, 19; absent, 0; excused, 0.Passed Senate
- Vote recorded Final Passage as Amended by the House (#28). Result: pass.Upper
- Mar 9Senate concurred in House amendments.
- Mar 6Third reading, passed; yeas, 67; nays, 30; absent, 0; excused, 1.Minor
- Vote recorded 2433 Manjarrez Pg 3 Ln 29 (#22). Result: fail.Lower
- Vote recorded 2434 Engell Pg 2 Ln 26 (#18). Result: fail.Lower
- Vote recorded 2435 Abell Pg 3 Ln 7 (#20). Result: fail.Lower
- Vote recorded 2432 Dufault Pg 2 Ln 30 (#19). Result: fail.Lower
- Vote recorded Final Passage as Amended by the House (#24). Result: pass.Lower
- Vote recorded 2468 Marshall Pg 3 Ln 7 (#21). Result: fail.Lower
- Vote recorded 2457 Marshall Pg 3 Ln 29 (#23). Result: fail.Lower
- Mar 6Rules suspended. Placed on Third Reading.Minor
- Mar 6Committee amendment(s) adopted with no other amendments.
- Mar 4Rules Committee relieved of further consideration. Placed on second reading.Minor
- Mar 2Referred to Rules 2 Review.Minor
- Mar 2Minority; without recommendation.Minor
- Mar 2Minority; do not pass.Minor
- Mar 2APP - Majority; do pass with amendment(s) by Health Care & Wellness.Minor
- Mar 2Executive action taken in the House Committee on Appropriations at 10:30 AM.
- Feb 27Public hearing in the House Committee on Appropriations at 10:30 AM.
- Feb 25Referred to Appropriations.Minor
- Feb 25Minority; without recommendation.Minor
- Feb 25Minority; do not pass.Minor
- Feb 25HCW - Majority; do pass with amendment(s).Minor
- Feb 25Executive action taken in the House Committee on Health Care & Wellness at 1:30 PM.
- Feb 20Public hearing in the House Committee on Health Care & Wellness at 8:00 AM.
- Feb 17First reading, referred to Health Care & Wellness.Minor
- Feb 13Third reading, passed; yeas, 30; nays, 18; absent, 0; excused, 1.Minor
- Vote recorded 3rd Reading & Final Passage (#21). Result: pass.Upper
- Feb 13Rules suspended. Placed on Third Reading.Minor
- Feb 13Floor amendment(s) adopted.
- Feb 132nd substitute bill substituted (WM 26).Major
- Feb 10Placed on second reading by Rules Committee.Minor
- Feb 9Passed to Rules Committee for second reading.
- Feb 9Minority; without recommendation.Minor
- Feb 9Minority; do not pass.Minor
- Feb 9WM - Majority; 2nd substitute bill be substituted, do pass.Major
- Feb 9Executive action taken in the Senate Committee on Ways & Means at 10:30 AM.
- Feb 5Public hearing in the Senate Committee on Ways & Means at 1:30 PM.
- Jan 28Referred to Ways & Means.Minor
- Jan 27Minority; do not pass.Minor
- Jan 27And refer to Ways & Means.Minor
- Jan 27HLTC - Majority; 1st substitute bill be substituted, do pass.Major
- Jan 27Executive action taken in the Senate Committee on Health & Long-Term Care at 10:30 AM.
- Jan 16Public hearing in the Senate Committee on Health & Long-Term Care at 8:00 AM.
- Jan 12First reading, referred to Health & Long-Term Care.Minor
- Jan 5Prefiled for introduction.Introduced
Healthcare