NH LEG 340B Enrollees Discrimination


On Jun. 24, NH LEG passed bill to curb biased insurer, PBM contracts.


  • NH LEG passed bill SB 557 re insurer and PBM bias against 340B program enrollees.
  • Amend Title XXXVII, NH INS 415 (accident and health insurance) to create NH INS 415-15a (discrimination based on participation in federal 340B drug pricing program).
  • Key Bill Provisions
  • Federal 340B Drug Pricing Program provides discount pricing on outpatient drugs to eligible enrollees, health care organizations including HMOs, PPOs, POS, and PCMH.
  • SB 557 restricts insurers, pharmacy benefit managers (PBMs), third-party payers or their agents from subjecting 340B enrollees to adverse administrative, pricing policies.
  • Cannot impose terms, conditions including restrictions or requirements to participate in standard or preferred pharmacy networks; cannot reimburse 340B drugs at lower rate.
  • Legislative History
  • On Feb. 15, 2024, bill introduced in Senate; on Mar. 7, 2024, bill passed in the Senate.
  • On Mar. 12, 2024, bill introduced in the House; on May 23, 2024, bill passed in House.
  • On Jun. 24, 2024, bill enrolled version adopted by both Senate and House chambers.
  • Effectiveness
  • Senate bill SB 557 takes effect 60 days after passage.
  • Jul. 2024 NH LEG Governor Approval
  • On Jul. 3, 2024, NH LEG reported governor approved bill, effective on Jul. 22, 2024.

Regulators NH LEG
Entity Types Ins
Reference PR, Act, 7/3/2024; Bill, SB557, 6/24/2024; Citation: NH INS 415;
Functions Market Conduct; Product Administration
Countries United States of America
Category
State
Products Insurance; Insurance-Health
Regions Am
Rule Type Final
Rule Date 6/24/2024
Effective Date 7/22/2024
Rule Id 216775
Linked to N/A
Reg. Last Update 7/3/2024
Report Section US Insurance

Last substantive update on 07/09/2024