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1 New Paragraph; Trade and Commerce; Regulation of Business Practices for Consumer Protection. Amend RSA 358-A:2 by inserting after paragraph XIX the following new paragraph:
XX. A drug manufacturer under RSA 318, an agent or affiliate of such manufacturer, or a distributor or third-party logistics provider of such manufacturer's drugs, directly or indirectly:
(a) Denying, restricting, or prohibiting the acquisition of a 340B covered drug, as defined in 42 U.S.C. section 256b et seq., by, or delivery of a 340B covered drug to, any location authorized by a 340B covered entity, as defined in 42 U.S.C. section 256b et seq., to receive such 340B covered drug, unless receipt of the 340B covered drug is prohibited by federal law; and/or
(b) Requiring a 340B covered entity to submit any claims or utilization data as a condition for allowing the acquisition of a 340B covered drug by, or delivery of a 340B covered drug to, a 340B covered entity unless the claims or utilization data sharing is required by federal law.
2 Effective Date. This act shall take effect January 1, 2026.
Text to be added highlighted in green.
1 New Paragraph; Trade and Commerce; Regulation of Business Practices for Consumer Protection. Amend RSA 358-A:2 by inserting after paragraph XIX the following new paragraph:
XX. A drug manufacturer under RSA 318, an agent or affiliate of such manufacturer, or a distributor or third-party logistics provider of such manufacturer's drugs, directly or indirectly:
(a) Denying, restricting, or prohibiting the acquisition of a 340B covered drug, as defined in 42 U.S.C. section 256b et seq., by, or delivery of a 340B covered drug to, any location authorized by a 340B covered entity, as defined in 42 U.S.C. section 256b et seq., to receive such 340B covered drug, unless receipt of the 340B covered drug is prohibited by federal law; and/or
(b) Requiring a 340B covered entity to submit any claims or utilization data as a condition for allowing the acquisition of a 340B covered drug by, or delivery of a 340B covered drug to, a 340B covered entity unless the claims or utilization data sharing is required by federal law.
2 Effective Date. This act shall take effect January 1, 2026.