Gov. Pete Ricketts signing legislation
Nebraska Gov. Pete Ricketts (R) signed legislation to protect 340B covered entities and their contract pharmacies from discrimination by PBMs.

Nebraska Governor Signs 340B Anti-Discrimination Bill

Nebraska Gov. Pete Ricketts (R) signed legislation last week to protect 340B covered entities and their contract pharmacies from discrimination by pharmacy benefit managers.

Legislative Bill 767 makes Nebraska the third known state to take such action this year. Virginia lawmakers passed a 340B anti-discrimination bill last month and Michigan enacted a trio of such bills in February. Bills have been introduced in at least 14 states during this year’s legislative sessions.

Nebraska’s new law says a PBM shall not reimburse a 340B entity or contract pharmacy for a dispensed drug at a rate lower than that paid for the same drug to a similarly situated non-340B pharmacy.

The law also bars PBMs from assessing any fee, chargeback, or other adjustment upon an entity or contract pharmacy based on its 340B status.

PBMs also cannot “discriminate against a 340B entity or 340B contract pharmacy in a manner that prevents or interferes with a covered individual’s choice to receive such drug from the corresponding 340B entity or 340B contract pharmacy,” the new law says.

Do you have an update on 340B legislative activity in your state? Contact Tom Mirga at tom.mirga@340breport.com

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