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HB 1281 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to prohibitions against discriminatory 2
practices relating to 340B entities and 340B drugs; 3
providing a short title; creating s. 499.061, F.S.; 4
providing definitions; prohibiting drug manufacturers 5
from engaging in certain acts against the acquisitions 6
of 340B drugs by and the delivery of such drugs to 7
specified pharmacies; providing an exception; 8
prohibiting drug manufacturers from interfering with 9
pharmacies' rights to contract with 340B entities; 10
providing that each commission of certain acts 11
constitutes a violation of the Florida Deceptive and 12
Unfair Trade Practices Act and subjects the violator 13
to certain actions and penalties; providing 14
construction and applicability; creating s. 626.8829, 15
F.S.; providing definitions; prohibiting health 16
insurance issuers, pharmacy benefit managers, and 17
other third-party payors, and agents thereof, from 18
engaging in certain discriminatory acts relating to 19
reimbursement to 340B entities for 340B drugs; 20
providing applicability; providing that each 21
commission of certain acts constitutes a violation of 22
the Florida Deceptive and Unfair Trade Practices Act 23
and subjects the violator to certain actions and 24
penalties; providing construction; creating ss. 25
HB 1281 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
627.64743, 627.65733, and 641.31543, F.S.; providing 26
definitions; prohibiting individual health insurers, 27
group, blanket, and franchise health insurers, and 28
health maintenance organizations, respectively, and 29
pharmacy benefit managers on behalf of these insurers 30
and health maintenance organizations, from engaging in 31
certain discriminatory acts relating to reimbursement 32
to 340B entities for 340B drugs; providing 33
applicability; providing that each commission of 34
certain acts constitutes a violation of the Florida 35
Deceptive and Unfair Trade Practices Act and subjects 36
the violator to certain actions and penalties; 37
providing construction; providing an effective date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. This act may be cited as the "Defending 42
Affordable Prescription Drug Costs Act." 43
Section 2. Section 499.061, Florida Statutes, is created 44
to read: 45
499.061 Prohibitions against manufacturers' discriminatory 46
practices relating to 340B drugs and 340B entities.— 47
(1) As used in this section, the terms: 48
(a) "340B drug" means a drug that has been subject to any 49
offer for reduced prices by a manufacturer pursuant to 42 U.S.C. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 256b and is purchased by a covered entity as defined in 42 51
U.S.C. s. 256b(a)(4). 52
(b) "340B entity" means an entity participating or 53
authorized to participate in the 340B Drug Pricing Program, as 54
described in 42 U.S.C. s. 256b, including its pharmacy, or any 55
pharmacy contracted with the participating entity to dispense 56
drugs purchased through the 340B Drug Pricing Program. 57
(2) A manufacturer may not: 58
(a) Deny, restrict, prohibit, or otherwise interfere with, 59
directly or indirectly, the acquisition of a 340B drug by, or 60
delivery of a 340B drug to, a pharmacy that is under contract 61
with a 340B entity and is authorized under such contract to 62
receive and dispense 340B drugs on behalf of the covered entity 63
unless such receipt is prohibited by the United States 64
Department of Health and Human Services; or 65
(b) Interfere with a pharmacy's right to contract with a 66
340B entity. 67
(3) The commission of any act prohibited by this section 68
is a deceptive and unfair trade practice and constitutes a 69
violation of the Florida Deceptive and Unfair Trade Practices 70
Act under part II of chapter 501, and subjects the violator to 71
all actions, including, but not limited to, investigative 72
demands, remedies, and penalties provided for in the Florida 73
Deceptive and Unfair Trade Practices Act. Each commission of a 74
prohibited act constitutes a violation of the Florida Deceptive 75
HB 1281 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and Unfair Trade Practices Act. 76
(4) This section may not be construed to be less 77
restrictive than federal law for a person or entity to which 78
this section applies. This section may not be construed to be in 79
conflict with any of the following: 80
(a) Applicable federal law or regulations. 81
(b) Other laws of this state which are compatible with 82
applicable federal law. 83
(5) Limited distribution of a drug that is subject to a 84
risk evaluation and mitigation strategy under 21 U.S.C. s. 355-1 85
is not a violation of this section. 86
Section 3. Section 626.8829, Florida Statutes, is created 87
to read: 88
626.8829 Reimbursement to 304B entities for 340B drugs.— 89
(1) As used in this section, the term: 90
(a) "340B drug" means a drug that has been subject to any 91
offer for reduced prices by a manufacturer pursuant to 42 U.S.C. 92
s. 256b and is purchased by a covered entity as defined in 42 93
U.S.C. s. 256b(a)(4). 94
(b) "340B entity" means an entity participating or 95
authorized to participate in the 340B Drug Pricing Program, as 96
described in 42 U.S.C. s. 256b, including its pharmacy, or any 97
pharmacy contracted with the participating entity to dispense 98
drugs purchased through the 340B Drug Pricing Program. 99
(c) "Health insurance issuer" means an entity subject to 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the insurance laws and regulations of this state, or subject to 101
the jurisdiction of the Commissioner of Insurance Regulation, 102
which contracts, offers to contract, or enters into an agreement 103
to provide, deliver, arrange for, pay for, or reimburse any of 104
the costs of health care services. The term includes an accident 105
and sickness insurance company, a health maintenance 106
organization, a preferred provider organization or any similar 107
entity, or any other entity providing a plan of health insurance 108
or health benefits. 109
(d) "Pharmacy" has the same meaning as in s. 465.003. 110
(2) With respect to reimbursement to a 340B entity for a 111
340B drug, a health insurance issuer, pharmacy benefit manager, 112
or other third-party payor, or their agents, may not do any of 113
the following: 114
(a) Reimburse the 340B entity for the 340B drug at a rate 115
lower than that paid for the same drug to non-340B entities or 116
to entities owned or operated by the pharmacy benefit manager on 117
the basis that the claim is for a 340B drug. 118
(b) Impose any terms or conditions on the 340B entity 119
which differ from such terms or conditions applied to non-340B 120
entities on the basis that the entity participates in the 340B 121
Drug Pricing Program set forth in 42 U.S.C. s. 256b or that the 122
drug is a 340B drug, including, but not limited to, any of the 123
following terms or conditions relating to: 124
1. Fees, charges, clawbacks, or other adjustments or 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
assessments. As used in this subparagraph, the term "other 126
adjustments" includes, but is not limited to, placing any 127
additional requirements, restrictions, or unnecessary burdens on 128
the 340B entity which result in administrative costs or fees to 129
the 340B entity which are not placed on non-340B entities, 130
including affiliate pharmacies of the health insurance issuer, 131
pharmacy benefit manager, or other third-party payor. 132
2. Dispensing fees that are less than dispensing fees for 133
non-340B entities. 134
3. Restrictions or requirements regarding participation in 135
standard or preferred pharmacy networks. 136
4. Requirements relating to the frequency or scope of 137
audits of inventory management systems. 138
5. Requirements that a claim for a drug include any 139
identification, billing modifier, attestation, or other 140
indication that a drug is a 340B drug in order to be processed 141
or resubmitted unless it is required by the Centers for Medicare 142
and Medicaid Services or the Agency for Health Care 143
Administration for the administration of the Medicaid program. 144
6. Any other restrictions, conditions, practices, or 145
policies that are not imposed on non-340B entities. 146
(c) Require the 340B entity to reverse, resubmit, or 147
clarify a claim after the initial adjudication unless such 148
actions are in the normal course of pharmacy business and not 149
related to 340B drug pricing. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) Base an action or contract requirement solely on the 151
basis that the entity is a participant in the 340B Drug Pricing 152
Program in such a manner that prevents or interferes with any 153
patient's choice to receive such drugs from the 340B entity or 154
its contracted pharmacy, including the creation of a restriction 155
or additional charge on a patient who chooses to receive drugs 156
from a 340B entity or its contracted pharmacy through direct 157
dispensing, delivery, mail order, or administration of such 158
drugs, regardless of the type of insurance coverage or 159
medication. For purposes of this paragraph, it is considered a 160
prohibited practice that prevents or interferes with a patient's 161
choice to receive drugs from a 340B entity or its contracted 162
pharmacy if a health insurance issuer, pharmacy benefit manager, 163
or other third-party payor places any additional requirements, 164
restrictions, or unnecessary burdens on the 340B entity or its 165
contracted pharmacy beyond that of any other pharmacy dispensing 166
medications within the scope of general law, including, but not 167
limited to, requiring a claim for a drug to include any 168
identification, billing modifier, attestation, or other 169
indication that a drug is a 340B drug in order to be processed 170
or resubmitted, unless it is required by the Centers for 171
Medicare and Medicaid Services or the Agency for Health Care 172
Administration in administration of the Medicaid program. 173
(e) Require or compel the submission of ingredient costs 174
or pricing data pertaining to 340B drugs to any health insurance 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
issuer, pharmacy benefit manager, or other third-party payor. 176
(f) Exclude the 340B entity from the network of the health 177
insurance issuer, pharmacy benefit manager, or other third-party 178
payor on the basis that the 340B entity dispenses drugs subject 179
to an agreement under 42 U.S.C. s. 256b, or refuse to contract 180
with the 340B entity for reasons other than those that apply 181
equally to non-340B entities. 182
(3) Subsection (2) does not apply to the Medicaid program 183
as payor when Medicaid provides reimbursement for covered 184
outpatient drugs as defined in 42 U.S.C. s. 1396r-8(k). 185
(4) The commission of any act prohibited by this section 186
is a deceptive and unfair trade practice, constitutes a 187
violation of the Florida Deceptive and Unfair Trade Practices 188
Act under part II of chapter 501, and subjects the violator to 189
all actions, including, but not limited to, investigative 190
demands, remedies, and penalties provided for in the Florida 191
Deceptive and Unfair Trade Practices Act. Each commission of a 192
prohibited act constitutes a violation of the Florida Deceptive 193
and Unfair Trade Practices Act. 194
(5) This section may not be construed to be less 195
restrictive than federal law for a person or entity to which 196
this section applies. This section may not be construed to be in 197
conflict with any of the following: 198
(a) Applicable federal law or regulations. 199
(b) Other laws of this state that are compatible with 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicable federal law. 201
(6) Limited distribution of a drug that is subject to a 202
risk evaluation and mitigation strategy under 21 U.S.C. s. 355-1 203
is not a violation of this section. 204
Section 4. Section 627.64743, Florida Statutes, is created 205
to read: 206
627.64743 Reimbursement to 340B entities for 340B drugs.—207
(1) As used in this section, the term: 208
(a) "340B drug" means a drug that has been subject to any 209
offer for reduced prices by a manufacturer pursuant to 42 U.S.C. 210
s. 256b and is purchased by a covered entity as defined in 42 211
U.S.C. s. 256b(a)(4). 212
(b) "340B entity" means an entity participating or 213
authorized to participate in the 340B Drug Pricing Program, as 214
described in 42 U.S.C. s. 256b, including its pharmacy, or any 215
pharmacy contracted with the participating entity to dispense 216
drugs purchased through the 340B Drug Pricing Program. 217
(c) "Pharmacy" has the same meaning as in s. 465.003. 218
(d) "Pharmacy benefit manager" has the same meaning as in 219
s. 627.64741(1). 220
(2) With respect to reimbursement to a 340B entity for a 221
340B drug, an insurer issuing, delivering, or renewing an 222
individual health insurance policy in this state which provides 223
prescription drug coverage, or a pharmacy benefit manager on 224
behalf of such insurer, may not do any of the following: 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) Reimburse the 340B entity for the 340B drug at a rate 226
lower than that paid for the same drug to non-340B entities on 227
the basis that the claim is for a 340B drug. 228
(b) Impose any terms or conditions on the 340B entity 229
which differ from such terms or conditions applied to non-340B 230
entities on the basis that the entity participates in the 340B 231
Drug Pricing Program set forth in 42 U.S.C. s. 256b or that the 232
drug is a 340B drug, including, but not limited to, any of the 233
following terms or conditions relating to: 234
1. Fees, charges, clawbacks, or other adjustments or 235
assessments. As used in this subparagraph, the term "other 236
adjustments" includes, but is not limited to, placing any 237
additional requirements, restrictions, or unnecessary burdens on 238
the 340B entity which result in administrative costs or fees to 239
the 340B entity which are not placed on non-340B entities, 240
including affiliate pharmacies or in-network pharmacies of the 241
insurer or of the pharmacy benefit manager. 242
2. Dispensing fees that are less than dispensing fees for 243
non-340B entities. 244
3. Restrictions or requirements regarding participation in 245
standard or preferred pharmacy networks. 246
4. Requirements relating to the frequency or scope of 247
audits of inventory management systems. 248
5. Requirements that a claim for a drug include any 249
identification, billing modifier, attestation, or other 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
indication that a drug is a 340B drug in order to be processed 251
or resubmitted unless it is required by the Centers for Medicare 252
and Medicaid Services or the Agency for Health Care 253
Administration for the administration of the Medicaid program. 254
6. Any other restrictions, conditions, practices, or 255
policies that are not imposed on non-340B entities. 256
(c) Require the 340B entity to reverse, resubmit, or 257
clarify a claim after the initial adjudication unless such 258
actions are in the normal course of pharmacy business and not 259
related to 340B drug pricing. 260
(d) Base an action or a contract requirement solely on the 261
basis that the entity is a participant in the 340B Drug Pricing 262
Program in such a manner that prevents or interferes with a 263
patient's choice to receive such drugs from the 340B entity or 264
its contracted pharmacy, including the creation of a restriction 265
or an additional charge on a patient who chooses to receive 266
drugs from a 340B entity or its contracted pharmacy through 267
direct dispensing, delivery, mail order, or administration of 268
such drugs, regardless of the type of insurance coverage or 269
medication. For purposes of this paragraph, it is considered a 270
prohibited practice that prevents or interferes with a patient's 271
choice to receive drugs from a 340B entity or its contracted 272
pharmacy if the insurer, or the pharmacy benefit manager on 273
behalf of the insurer, places any additional requirements, 274
restrictions, or unnecessary burdens on the 340B entity or its 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
contracted pharmacy beyond that of any other pharmacy dispensing 276
medications within the scope of general law, including, but not 277
limited to, requiring a claim for a drug to include any 278
identification, billing modifier, attestation, or other 279
indication that a drug is a 340B drug in order to be processed 280
or resubmitted, unless it is required by the Centers for 281
Medicare and Medicaid Services or the Agency for Health Care 282
Administration in administration of the Medicaid program. 283
(e) Require or compel the submission of ingredient costs 284
or pricing data pertaining to 340B drugs to the insurer or the 285
pharmacy benefit manager. 286
(f) Exclude the 340B entity from the network of the 287
insurer or pharmacy benefit manager on the basis that the 340B 288
entity dispenses drugs subject to an agreement under 42 U.S.C. 289
s. 256b, or refuse to contract with the 340B entity for reasons 290
other than those that apply equally to non-340B entities. 291
(3) Subsection (2) does not apply to the Medicaid program 292
as payor when Medicaid provides reimbursement for covered 293
outpatient drugs as defined in 42 U.S.C. s. 1396r-8(k). 294
(4) The commission of any act prohibited by this section 295
is a deceptive and unfair trade practice, constitutes a 296
violation of the Florida Deceptive and Unfair Trade Practices 297
Act under part II of chapter 501, and subjects the violator to 298
all actions, including, but not limited to, investigative 299
demands, remedies, and penalties provided for in the Florida 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Deceptive and Unfair Trade Practices Act. Each commission of a 301
prohibited act constitutes a violation of the Florida Deceptive 302
and Unfair Trade Practices Act. 303
(5) This section may not be construed to be less 304
restrictive than federal law for a person or entity to which 305
this section applies. This section may not be construed to be in 306
conflict with any of the following: 307
(a) Applicable federal law or federal regulations. 308
(b) Other laws of this state that are compatible with 309
applicable federal law. 310
(6) Limited distribution of a drug that is subject to a 311
risk evaluation and mitigation strategy under 21 U.S.C. s. 355-1 312
is not a violation of this section. 313
Section 5. Section 627.65733, Florida Statutes, is created 314
to read: 315
627.65733 Reimbursement to 340B entities for 340B drugs.— 316
(1) As used in this section, the term: 317
(a) "340B drug" means a drug that has been subject to any 318
offer for reduced prices by a manufacturer pursuant to 42 U.S.C. 319
s. 256b and is purchased by a covered entity as defined in 42 320
U.S.C. s. 256b(a)(4). 321
(b) "340B entity" means an entity participating or 322
authorized to participate in the 340B Drug Pricing Program, as 323
described in 42 U.S.C. s. 256b, including its pharmacy, or any 324
pharmacy contracted with the participating entity to dispense 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
drugs purchased through the 340B Drug Pricing Program. 326
(c) "Pharmacy" has the same meaning as in s. 465.003. 327
(d) "Pharmacy benefit manager" has the same meaning as in 328
s. 627.6572(1). 329
(2) With respect to reimbursement to a 340B entity for 330
340B drugs, an insurer issuing, delivering, or renewing a group, 331
blanket, or franchise health insurance policy in this state 332
which provides prescription drug coverage, or a pharmacy benefit 333
manager on behalf of such insurer, may not do any of the 334
following: 335
(a) Reimburse the 340B entity for 340B drugs at a rate 336
lower than that paid for the same drug to non-340B entities on 337
the basis that the claim is for a 340B drug. 338
(b) Impose any terms or conditions on the 340B entity 339
which differ from such terms or conditions applied to non-340B 340
entities on the basis that the entity participates in the 340B 341
Drug Pricing Program set forth in 42 U.S.C. s. 256b or that a 342
drug is a 340B drug, including, but not limited to, any of the 343
following terms or conditions relating to: 344
1. Fees, charges, clawbacks, or other adjustments or 345
assessments. As used in this subparagraph, the term "other 346
adjustments" includes, but is not limited to, placing any 347
additional requirements, restrictions, or unnecessary burdens on 348
the 340B entity which result in administrative costs or fees to 349
the 340B entity which are not placed on non-340B entities, 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
including affiliate pharmacies or in-network pharmacies of the 351
insurer or of the pharmacy benefit manager. 352
2. Dispensing fees that are less than dispensing fees for 353
non-340B entities. 354
3. Restrictions or requirements regarding participation in 355
standard or preferred pharmacy networks. 356
4. Requirements relating to the frequency or scope of 357
audits of inventory management systems. 358
5. Requirements that a claim for a drug include any 359
identification, billing modifier, attestation, or other 360
indication that a drug is a 340B drug in order to be processed 361
or resubmitted unless it is required by the Centers for Medicare 362
and Medicaid Services or the Agency for Health Care 363
Administration for the administration of the Medicaid program. 364
6. Any other restrictions, conditions, practices, or 365
policies that are not imposed on non-340B entities. 366
(c) Require the 340B entity to reverse, resubmit, or 367
clarify a claim after the initial adjudication unless such 368
actions are in the normal course of pharmacy business and not 369
related to 340B drug pricing. 370
(d) Base an action or contract requirement solely on the 371
basis that the entity is a participant in the 340B Drug Pricing 372
Program in such a manner that prevents or interferes with any 373
patient's choice to receive such drugs from the 340B entity or 374
its contracted pharmacy, including the creation of a restriction 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or additional charge on a patient who chooses to receive drugs 376
from a 340B entity or its contracted pharmacy through direct 377
dispensing, delivery, mail order, or administration of such 378
drugs, regardless of the type of insurance coverage or 379
medication. For purposes of this paragraph, it is considered a 380
prohibited practice that prevents or interferes with a patient's 381
choice to receive drugs from a 340B entity or its contracted 382
pharmacy if the insurer, or the pharmacy benefit manager on 383
behalf of the insurer, places any additional requirements, 384
restrictions, or unnecessary burdens on the 340B entity beyond 385
that of any other pharmacy dispensing medications within the 386
scope of general law, including, but not limited to, requiring a 387
claim for a drug to include any identification, billing 388
modifier, attestation, or other indication that a drug is a 340B 389
drug in order to be processed or resubmitted, unless it is 390
required by the Centers for Medicare and Medicaid Services or 391
the Agency for Health Care Administration in administration of 392
the Medicaid program. 393
(e) Require or compel the submission of ingredient costs 394
or pricing data pertaining to 340B drugs to the insurer or the 395
pharmacy benefit manager. 396
(f) Exclude the 340B entity from the network of the 397
insurer or pharmacy benefit manager on the basis that the 340B 398
entity dispenses drugs subject to an agreement under 42 U.S.C. 399
s. 256b, or refuse to contract with the 340B entity for reasons 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other than those that apply equally to non-340B entities. 401
(3) Subsection (2) does not apply to the Medicaid program 402
as payor when Medicaid provides reimbursement for covered 403
outpatient drugs as defined in 42 U.S.C. s. 1396r-8(k). 404
(4) The commission of any act prohibited by this section 405
is a deceptive and unfair trade practice, constitutes a 406
violation of the Florida Deceptive and Unfair Trade Practices 407
Act under part II of chapter 501, and subjects the violator to 408
all actions, including, but not limited to, investigative 409
demands, remedies, and penalties provided for in the Florida 410
Deceptive and Unfair Trade Practices Act. Each commission of a 411
prohibited act constitutes a violation of the Florida Deceptive 412
and Unfair Trade Practices Act. 413
(5) This section may not be construed to be less 414
restrictive than federal law for a person or entity to which 415
this section applies. This section may not be construed to be in 416
conflict with any of the following: 417
(a) Applicable federal law or regulations. 418
(b) Other laws of this state that are compatible with 419
applicable federal law. 420
(6) Limited distribution of a drug that is subject to a 421
risk evaluation and mitigation strategy under 21 U.S.C. s. 355-1 422
is not a violation of this section. 423
Section 6. Section 641.31543, Florida Statutes, is created 424
to read: 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
641.31543 Reimbursement to 340B entities for 340B drugs.— 426
(1) As used in this section, the term: 427
(a) "340B drug" means a drug that has been subject to any 428
offer for reduced prices by a manufacturer pursuant to 42 U.S.C. 429
s. 256b and is purchased by a covered entity as defined in 42 430
U.S.C. s. 256b(a)(4). 431
(b) "340B entity" means an entity participating or 432
authorized to participate in the 340B Drug Pricing Program, as 433
described in 42 U.S.C. s. 256b, including its pharmacy, or any 434
pharmacy contracted with the participating entity to dispense 435
drugs purchased through the 340B Drug Pricing Program. 436
(c) "Pharmacy" has the same meaning as in s. 465.003. 437
(d) "Pharmacy benefit manager" has the same meaning as in 438
s. 641.314(1). 439
(2) With respect to reimbursement to a 340B entity for a 440
340B drug, a health maintenance organization issuing, 441
delivering, or renewing a health maintenance contract in this 442
state which provides prescription drug coverage, or a pharmacy 443
benefit manager on behalf of such health maintenance 444
organization, may not do any of the following: 445
(a) Reimburse the 340B entity for the 340B drug at a rate 446
lower than that paid for the same drug to non-340B entities on 447
the basis that the claim is for a 340B drug. 448
(b) Impose any terms or conditions on the 340B entity 449
which differ from such terms or conditions applied to non-340B 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
entities on the basis that the entity participates in the 340B 451
Drug Pricing Program set forth in 42 U.S.C. s. 256b or that a 452
drug is a 340B drug, including, but not limited to, any of the 453
following terms or conditions relating to: 454
1. Fees, charges, clawbacks, or other adjustments or 455
assessments. For purposes of this subparagraph, the term "other 456
adjustments" includes, but is not limited to, placing any 457
additional requirements, restrictions, or unnecessary burdens on 458
the 340B entity which result in administrative costs or fees to 459
the 340B entity which are not placed on non-340B entities, 460
including affiliate pharmacies or in-network pharmacies of the 461
health maintenance organization or of the pharmacy benefit 462
manager. 463
2. Dispensing of fees that are less than dispensing fees 464
for non-340B entities. 465
3. Restrictions or requirements regarding participation in 466
standard or preferred pharmacy networks. 467
4. Requirements relating to the frequency or scope of 468
audits of inventory management systems. 469
5. Requirements that a claim for a drug include any 470
identification, billing modifier, attestation, or other 471
indication that a drug is a 340B drug in order to be processed 472
or resubmitted unless it is required by the Centers for Medicare 473
and Medicaid Services or the Agency for Health Care 474
Administration for the administration of the Medicaid program. 475
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6. Any other restrictions, conditions, practices, or 476
policies that are not imposed on non-340B entities. 477
(c) Require the 340B entity to reverse, resubmit, or 478
clarify a claim after the initial adjudication unless such 479
actions are in the normal course of pharmacy business and not 480
related to 340B drug pricing. 481
(d) Base an action or contract requirement solely on the 482
basis that the entity is a participant in the 340B Drug Pricing 483
Program in such a manner that prevents or interferes with any 484
patient's choice to receive such drugs from the 340B entity or 485
its contracted pharmacy, including the creation of a restriction 486
or additional charge on a patient who chooses to receive drugs 487
from a 340B entity or its contracted pharmacy through direct 488
dispensing, delivery, mail order, or administration of such 489
drugs, regardless of the type of insurance coverage or 490
medication. For purposes of this paragraph, it is considered a 491
prohibited practice that prevents or interferes with a patient's 492
choice to receive drugs from a 340B entity or its contracted 493
pharmacy if the health maintenance organization, or the pharmacy 494
benefit manager on behalf of the health maintenance 495
organization, places any additional requirements, restrictions, 496
or unnecessary burdens on the 340B entity or its contracted 497
pharmacy beyond that of any other pharmacy dispensing 498
medications within the scope of general law, including, but not 499
limited to, requiring a claim for a drug to include any 500
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identification, billing modifier, attestation, or other 501
indication that a drug is a 340B drug in order to be processed 502
or resubmitted, unless it is required by the Centers for 503
Medicare and Medicaid Services or the Agency for Health Care 504
Administration in administration of the Medicaid program. 505
(e) Require or compel the submission of ingredient costs 506
or pricing data pertaining to 340B drugs to the health 507
maintenance organization or the pharmacy benefit manager. 508
(f) Exclude the 340B entity from the network of the health 509
maintenance organization or pharmacy benefit manager on the 510
basis that the 340B entity dispenses drugs subject to an 511
agreement under 42 U.S.C. s. 256b, or refuse to contract with 512
the 340B entity for reasons other than those that apply equally 513
to non-340B entities. 514
(3) Subsection (2) does not apply to the Medicaid program 515
as payor when Medicaid provides reimbursement for covered 516
outpatient drugs as defined in 42 U.S.C. s. 1396r-8(k). 517
(4) The commission of any act prohibited by this section 518
is a deceptive and unfair trade practice, constitutes a 519
violation of the Florida Deceptive and Unfair Trade Practices 520
Act under part II of chapter 501, and subjects the violator to 521
all actions, including, but not limited to, investigative 522
demands, remedies, and penalties provided for in the Florida 523
Deceptive and Unfair Trade Practices Act. Each commission of a 524
prohibited act constitutes a violation of the Florida Deceptive 525
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and Unfair Trade Practices Act. 526
(5) This section may not be construed to be less 527
restrictive than federal law for a person or entity to which 528
this section applies. This section may not be construed to be in 529
conflict with any of the following: 530
(a) Applicable federal law or regulations. 531
(b) Other laws of this state that are compatible with 532
applicable federal law. 533
(6) Limited distribution of a drug that is subject to a 534
risk evaluation and mitigation strategy under 21 U.S.C. s. 355-1 535
is not a violation of this section. 536
Section 7. This act shall take effect July 1, 2026. 537