Drug suppliers would face limits on blocking discounted drug deliveries

Suppliers could not block purchases or deliveries to sites chosen by eligible providers. Providers must participate in or be authorized for the federal 340B drug discount program. Federal bans on receiving drugs and required data sharing would still apply. Family planning projects with grants or contracts under section 300 of the Public Health Service Act must follow section 1008 and its rules. The protections would take effect immediately if enacted.

The attorney general would enforce the drug access rules and impose fines after written notice. Penalties would cover drugmakers, wholesale distributors, and companies handling drug storage or shipping, including their agents and affiliates. Each affected drug package would count as a separate violation. Eligible providers and their contracted pharmacies could immediately ask Commonwealth Court for an order enforcing the law. Enforcement would begin immediately if enacted. The suspension deadline would run from the date written notice is sent.

Payers would identify 340B purchases only through individual claims marked with a nationally recognized billing code. The duty would cover Pennsylvania's human services department, certain insurers, and organizations managing Medicaid drug benefits. These claims would also be left out of certain federal reports on Medicaid care. The insurer definition excludes individual drug buyers and the state employee benefit trust. It also excludes Medicaid's pay-per-service program and the Special Pharmaceuticals Benefits Program.

The human services department would ensure the clinic grants meet the $500 minimum. Every sexually transmitted disease clinic in Pennsylvania would be covered. The money must come from the department's federal funding under section 318 of the Public Health Service Act. The law would take effect immediately if enacted. Each clinic must receive a grant no later than 90 days afterward.