Reps. David McKinley (R-WV) and Abigail Spanberger (D-VA) introduced the PROTECT 340B Act today, which would prohibit pharmacy benefit managers (PBMs) and other third-party payers from paying 340B providers below-market rates or engaging in other perceived discriminatory contracting practices. While several states have enacted legislation to address this matter, provider groups believe that federal legislation is needed.
The bill also would require the U.S. Department of Health and Human Services (HHS) to contract with a “neutral third-party” to serve as a claims data clearinghouse to protect drug manufacturers from giving Medicaid rebates and 340B discounts on the same drugs. This provision, along with the discriminatory reimbursement protections, may attract support from some drug manufacturers. A number of pharmaceutical companies have contracted with private third-party vendors to serve as a clearinghouse but these initiatives are viewed with suspicion by 340B providers who consider the vendors to have a conflict of interest.
Reps. David McKinley (R-WV) and Abigail Spanberger (D-VA) introduced the PROTECT 340B Act today, which would prohibit pharmacy benefit managers (PBMs) and other third-party payers from paying 340B providers below-market rates or engaging in other perceived discriminatory contracting practices. While several states have enacted legislation to address this matter, provider groups believe that federal legislation is needed.
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