By Representative Murray of Milford, a petition (accompanied by bill, House, No. 785) of Brian W. Murray relative to 340B contract pharmacies. Elder Affairs.
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Date
Branch
Action
6/17/2026
House
6/17/2026 HouseReporting date extended to Friday, July 31, 2026
3/19/2026
House
3/19/2026 HouseReporting date extended to Monday, June 15, 2026
12/8/2025
House
12/8/2025 HouseReporting date extended to Wednesday, March 18, 2026
9/18/2025
House
9/18/2025 HouseReported favorably by committee and referred to the committee on Health Care Financing
6/3/2025
Joint
6/3/2025 JointHearing scheduled for 06/10/2025 from 10:30 AM-01:00 PM in A-2
4/3/2025
Senate
4/3/2025 SenateSenate concurred
3/31/2025
House
3/31/2025 HouseDischarged to the committee on Financial Services
2/27/2025
Senate
2/27/2025 SenateSenate concurred
2/27/2025
House
2/27/2025 HouseReferred to the committee on Elder Affairs
Title
This act shall be known as and may be cited as the “An Act protecting 340B contract pharmacies.”
▸SECTION 2
Definitions
(A) “340B drug” means a drug that a 340B entity may purchase at a reduced price pursuant to 42 U.S.C. § 256b.
(B) “340B entity” means an entity authorized to participate in the federal 340B drug discount program, as described in 42 U.S.C. § 256b(a)(4).
(C) “Manufacturer” has the meaning given the term in section 1927(k) of the Social Security Act.
▸SECTION 3
Prohibition of Certain Discriminatory Actions by a Manufacturer or Distributor
(A) A manufacturer, an agent or affiliate of such manufacturer, or distributor or third-party logistics provider of a manufacturer’s drugs, shall not, directly or indirectly, deny, restrict, or prohibit the acquisition of a 340B drug by, or delivery of a 340B drug to, any location authorized by a 340B entity to receive such 340B drug, unless receipt of the 340B drug is prohibited by federal law.
(B) A manufacturer, an agent or affiliate of such manufacturer, or distributor or third-party logistics provider shall not, either directly or indirectly, require a 340B entity to submit any claims or utilization data as a condition for allowing the acquisition of a 340B drug by, or delivery of a 340B drug to, a 340B entity unless the claims or utilization data sharing is required by federal law.
▸SECTION 4
Violations
(A) A violation of any provision of this Act by a manufacturer or distributor or third-party logistics provider of a manufacturer’s drugs constitutes a section 11 violation of the Massachusetts Consumer Protection Act.
(B) Each package of 340B drugs determined to be subject to a prohibited act under Section 3 constitutes a separate violation under this section.
▸SECTION 5
Federal Preemption
(A)Nothing in this Chapter is to be construed or applied to be in conflict with federal law and related regulations, including 21 U.S.C. § 355-1, or other laws of this state, if the state law is compatible with applicable federal law.
▸SECTION 6
Severability
The individual provisions of this Act are severable. If any provision or item of this Act, or the application thereof, is held invalid, such invalidity shall not affect any other provision, item, or application of the Act which can be given effect without the invalid provision, item, or application.
▸SECTION 7
Effective Date
This Act shall become effective upon being enacted into law.
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Section 1. Title
This act shall be known as and may be cited as the “An Act protecting 340B contract pharmacies.”
Section 2. Definitions
(A) “340B drug” means a drug that a 340B entity may purchase at a reduced price pursuant to 42 U.S.C. § 256b.
(B) “340B entity” means an entity authorized to participate in the federal 340B drug discount program, as described in 42 U.S.C. § 256b(a)(4).
(C) “Manufacturer” has the meaning given the term in section 1927(k) of the Social Security Act.
Section 3. Prohibition of Certain Discriminatory Actions by a Manufacturer or Distributor
(A) A manufacturer, an agent or affiliate of such manufacturer, or distributor or third-party logistics provider of a manufacturer’s drugs, shall not, directly or indirectly, deny, restrict, or prohibit the acquisition of a 340B drug by, or delivery of a 340B drug to, any location authorized by a 340B entity to receive such 340B drug, unless receipt of the 340B drug is prohibited by federal law.
(B) A manufacturer, an agent or affiliate of such manufacturer, or distributor or third-party logistics provider shall not, either directly or indirectly, require a 340B entity to submit any claims or utilization data as a condition for allowing the acquisition of a 340B drug by, or delivery of a 340B drug to, a 340B entity unless the claims or utilization data sharing is required by federal law.
Section 4. Violations
(A) A violation of any provision of this Act by a manufacturer or distributor or third-party logistics provider of a manufacturer’s drugs constitutes a section 11 violation of the Massachusetts Consumer Protection Act.
(B) Each package of 340B drugs determined to be subject to a prohibited act under Section 3 constitutes a separate violation under this section.
Section 5. Federal Preemption
(A)Nothing in this Chapter is to be construed or applied to be in conflict with federal law and related regulations, including 21 U.S.C. § 355-1, or other laws of this state, if the state law is compatible with applicable federal law.
Section 6. Severability
The individual provisions of this Act are severable. If any provision or item of this Act, or the application thereof, is held invalid, such invalidity shall not affect any other provision, item, or application of the Act which can be given effect without the invalid provision, item, or application.
Section 7. Effective Date
This Act shall become effective upon being enacted into law.