New Hampshire HB 1755: establishing an office of the inspector general.

Bill Text

HB 1755-FN - AS INTRODUCED

2026 SESSION

 26-3133

 05/06

HOUSE BILL 1755-FN

AN ACT relative to the 340B discounted drug purchasing program.

SPONSORS: Rep. Polozov, Merr. 10; Rep. Litchfield, Rock. 32; Rep. Ulery, Hills. 13

COMMITTEE: Health, Human Services and Elderly Affairs

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ANALYSIS

 This bill requires participants in the 340B program to report specified data annually to the department of health and human services and the department of justice. This bill also requires the department of health and human services to report aggregated data to the general court.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3133

 05/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the 340B discounted drug purchasing program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Subdivision; 340B Discounted Drug Purchasing Program; Reporting Requirements. Amend RSA 126-A by inserting after section 106 the following new subdivision:

340B Discounted Drug Purchasing Program; Reporting Requirements

 126-A:107 Definitions. In this subdivision: 

 I. “340B Covered Entity” means an entity described in 42 U.S.C. 256b(a)(4)(L) through 42 U.S.C. 256b(a)(4)(O) that:

 (a) Is authorized to participate in the federal 340B Drug Pricing Program under Section 340B of the federal Public Health Service Act; and

 (b) Has a service address in the state of New Hampshire as of January 1 of the reporting year.

 (c) The term includes any offsite outpatient facility affiliated under the 340B program with an entity described in this subdivision.

 II. “340B program” refers to the federal 340B Drug Pricing Program established under 42 U.S.C. 256b.

 III. “Charity care” means the unreimbursed cost to a hospital of providing, funding, or otherwise financially supporting health care services:

 (a) To a person classified by the hospital as financially indigent or medically indigent on an inpatient or outpatient basis; and

 (b) To financially indigent patients through other nonprofit or public outpatient clinics, hospitals, or health care organizations.

 IV. “Financially indigent” means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for the services rendered based on the hospital’s financial criteria and procedure used to determine if a patient is eligible for charity care. The criteria and procedure must include income levels and means testing indexed to the federal poverty guidelines. A hospital may determine that a person is financially or medically indigent under the hospital’s eligibility system after health care services are provided.

 V. “Medically indigent” means a person whose medical or hospital bills after payment by third party payors exceed a specified percentage of the patient’s annual gross income as determined in accordance with the hospital’s eligibility system, and who is financially unable to pay the remaining bill.

 126-A:108 340B Drug Pricing Program Reporting.

 I. Before April 1 of each year, a 340B covered entity shall report the following information and transactions to the department of health and human services and the attorney general concerning the 340B covered entity’s participation in or participation on behalf of the 340B covered entity in the federal 340B program for the previous calendar year:

 (a) Name.

 (b) Service Address.

 (c) 340B Program Identification Number.

 (d) Designation of entity type, as specified in 42 U.S.C. 256b(a)(4), of the 340B covered entity.

 (e) The aggregate acquisition cost for all prescription drugs obtained under the 340B program and dispensed or administered to patients.

 (f) The aggregate payment amount received for all drugs obtained under the 340B program and dispensed or administered to patients.

 (g) The aggregate payment made to pharmacies under contract to dispense drugs obtained under the 340B program.

 (h) The number of claims for prescription drugs described in subparagraph (e).

 (i) How the 340B covered entity uses any savings from participating in the 340B program, including the amount of savings used for the provision of charity care, community benefits, or a similar program of providing unreimbursed or subsidized health care.

 (j) The aggregate payments made to any other entity that is not a 340B covered entity and is not a contract pharmacy for managing any aspect of the 340B covered entity’s 340B program.