Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
The 340B ACCESS Act comprehensively reforms the 340B drug pricing program, which allows certain healthcare entities to purchase prescription drugs at steep discounts for their patients. The bill tightens eligibility rules by requiring patients to have active provider relationships with documented in-person visits in the past 12-24 months, imposes strict standards on hospital off-campus facilities and contract pharmacies, and mandates that hospitals provide charity care equal to their 340B profits or face penalties. The legislation establishes robust reporting and tracking requirements, including special claim identifiers to prevent duplicate Medicaid discounts, a centralized data clearinghouse, and detailed annual public reporting on patient demographics and how hospitals spend their 340B savings on patient services. For nonprofit hospitals specifically, the bill requires enforceable contracts to serve uninsured and low-income patients (at least 10% of care costs) and mandates that metropolitan hospitals rank in the top 40% statewide for Medicaid and uncompensated care. Violations trigger escalating civil penalties ranging from $2,500 to $5,000 per violation, mandatory audits, repayment requirements with compound interest, and potential program removal, while the bill also prohibits health plans from discriminating against 340B participants.
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