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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1390
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
340B
DRUG
PRICING
PROGRAM
REPORTING;
AMENDING
SECTION
41
-
351,
2
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
340B
DRUG
PRICING
PROGRAM
3
REPORTING;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
41
-
351,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
41
-
351.
340B
DRUG
PRICING
PROGRAM
REPORTING.
(1)
As
used
in
this
sec
-
8
tion,
"340B
covered
entity"
means
an
entity
authorized
to
participate
in
the
9
federal
340B
drug
pricing
program
under
section
340B(a)(4)
of
the
federal
10
public
health
service
act.
1
1
(2)
Before
April
1
of
each
year,
a
340B
covered
entity
shall
report
the
12
following
information
to
the
state
department
of
health
and
welfare,
the
13
state
controller's
office,
and
the
attorney
general
concerning
the
340B
cov
-
14
ered
entity's
participation
in
the
federal
340B
drug
pricing
program
for
the
15
previous
calendar
most
recent
fiscal
year:
16
(a)
The
name
of
the
covered
340B
entity;
17
(b)
The
aggregate
acquisition
cost
for
prescription
drugs
obtained
un
-
18
der
the
340B
program
and
dispensed
via
contract
pharmacies
that
are
not
19
owned
or
operated
by
an
affiliated
340B
entity
;
20
(c)
The
aggregate
payment
amount
received
for
drugs
obtained
under
the
21
340B
program
and
dispensed
to
patients
340B
savings
from
the
prescrip
-
22
tion
drugs
dispensed
as
described
in
paragraph
(b)
of
this
subsection
;
23
(d)
The
aggregate
payment
made
to
pharmacies
under
contract
to
dispense
24
drugs
contract
pharmacies
that
are
not
owned
or
operated
by
an
affili
-
25
ated
340B
covered
entity
to
dispense
drugs
obtained
under
the
340B
pro
-
26
gram;
27
(e)
The
number
of
claims
for
prescription
drugs
prescriptions
dis
-
28
pensed
as
described
in
paragraph
(c)
(b)
of
this
subsection;
and
29
(f)
How
the
340B
covered
entity
uses
any
savings
from
participating
in
30
the
340B
program,
including
the
amount
of
savings
used
for
the
provision
31
of
charity
care,
community
benefits,
or
a
similar
program
of
providing
32
unreimbursed
health
care
to
the
indigent.
33
(3)
The
information
required
to
be
reported
pursuant
to
subsection
(2)
34
of
this
section
shall
be
reported
by
payer
type,
including
the
following:
35
(a)
Commercial;
36
(b)
Medicaid;
and
37
(c)
Medicare.
38
(4)
(3)
The
data
submitted
in
the
reports
required
pursuant
to
subsec
-
39
tion
(2)
of
this
section
is
confidential
,
shall
be
reported
through
a
secure
40
website
portal,
and
shall
not
be
made
available
for
public
inspection.
41
2
(5)
(4)
Before
November
15
of
each
year,
the
state
controller's
office
1
shall
prepare
a
report
that
aggregates
the
data
submitted
pursuant
to
sub
-
2
section
(2)
of
this
section
and:
3
(a)
Submit
the
report
to
the
legislative
council
in
an
electronic
for
-
4
mat;
and
5
(b)
Make
such
report
available
on
the
transparent
Idaho
website.
6
(6)
(5)
The
attorney
general
may
use
the
information
in
the
reports
re
-
7
quired
pursuant
to
subsection
(2)
of
this
section
for
the
purposes
of
inves
-
8
tigating
medicaid
fraud
and
ensuring
compliance
with
health
resources
and
9
service
administration
requirements.
10
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
12
July
1,
2026.
13