_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT continuing the prohibition that prevents a pharmacy benefit manager from requiring federally certified health entities to identify 340b drugs; amENDING SECTION 33-2-2410, MCA; REPEALING SECTION 26, CHAPTER 501, LAWS OF 2021; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 33-2-2410, MCA, is amended to read:

"33-2-2410. Federal 340B drug pricing program. A pharmacy benefit manager or health carrier may not:

(1)        prohibit a federally certified health entity or a pharmacy under contract with an entity to provide pharmacy services from participating in the pharmacy benefit manager's or health carrier's provider network;

(2)        reimburse a federally certified health entity or a pharmacy under contract with an entity differently than it reimburses other similarly situated pharmacies;

(3)        require a claim for a drug to include a modifier to indicate that the drug is a 340B drug unless the claim is for payment, directly or indirectly, by the medicaid program provided for in Title 53, chapter 6, part 1; or

(4)        create a restriction or an additional charge on a patient who chooses to receive drugs from a federally certified health entity or a pharmacy under contract with an entity, including but not limited to a patient's inability to fully pay a copayment. (Subsection (3) terminates June 1, 2023--sec. 26, Ch. 501, L. 2021.)"

NEW SECTION. Section 2. Repealer. Section 26, Chapter 501, Laws of 2021, is repealed.

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.