New Hampshire SB 477: relative to increasing transparency in the 340B Drug Pricing Program.

Bill Text

SB 477-FN - AS INTRODUCED

2026 SESSION

 26-2036

 05/06

SENATE BILL 477-FN

AN ACT relative to increasing transparency in the 340B Drug Pricing Program.

SPONSORS: Sen. McGough, Dist 11; Sen. Gannon, Dist 23; Sen. Pearl, Dist 17; Sen. Birdsell, Dist 19; Sen. Innis, Dist 7; Rep. Miles, Hills. 12; Rep. W. MacDonald, Rock. 16; Rep. Ammon, Hills. 42; Rep. Cole, Hills. 26; Rep. Kuttab, Rock. 17

COMMITTEE: Health and Human Services

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ANALYSIS

 This bill establishes certain reporting requirements for the department of health and human services, hospitals, and other covered entities participating in the 340B Drug Pricing Program. The bill also directs the department to require claim-level 340B identifiers across? fee-for-service and managed care organization claims and implement exclusion rules to prevent duplicate discounts, consistent with GAO/CMS guidance.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2036

 05/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to increasing transparency in the 340B Drug Pricing Program.

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

 1 Short Title. This act shall be known as the "Sunshine in Savings Act".

 2 New Subdivision; 340B Drug Pricing Program; Reporting and Claims Identification. Amend RSA 126-A by inserting after section 106 the following new subdivision:

340B Drug Pricing Program; Reporting and Claims Identification

 126-A:107 Definitions. In this subdivision:

 I. “340B covered entity” has the same meaning as in 42 U.S.C. section 256b(a)(4).

 II. “340B drug” means a covered outpatient drug as defined under section 1396r-8(k)(2) and (3) of Title 42 of the United States Code.

 III. “Net 340B savings” means aggregate third-party reimbursement, plus patient payment, minus the aggregate acquisition cost and any dispensing or administrative fees.

 IV. “Other item and service” means any health care item or service that is not a covered drug and that is furnished to a patient of a non-profit hospital by the non-profit hospital, a practice location of the non-profit hospital, or a pharmacy with which the non-profit hospital contracts.

 V. “Patient” means an individual who is or has been admitted or registered to receive health care items or services from a non-profit hospital and who, in connection with a hospital visit, is furnished, dispensed, or administered a covered drug or other item and service from the non-profit hospital, a practice location of the non-profit hospital, or a pharmacy with which the non-profit hospital contract. 

 VI. “Practice location” means any clinic, department, or off-site facility that is an integral part of a non-profit hospital. A clinic, department, or off-site facility is an integral part of a non-profit hospital if it is listed and reimbursable on the non-profit hospital’s Medicare cost report.??? 

 126-A:108 Annual Public Report; 340B Covered Entities.

 I. By?April 1?each year, each 340B covered entity shall file with the department of health and human services a report for the prior fiscal year in a manner and form as specified by the department:

 (a) For the hospital and each practice location of the hospital and pharmacy that the non-profit hospital contracts with, the number of patients who are dispensed or administered covered drugs (and their percentage, out of all patients treated by the hospital, practice location or pharmacy, as the case may be), delineated by form of insurance coverage or payor type, including but not limited to Medicare, Medicaid and other payers. 

 (b) The following information reported separately for the hospital, each practice location of the hospital and each pharmacy that the hospital contracts with, as applicable: 

 (1) The total acquisition cost for all covered drugs furnished to patients; 

 (2) The total reimbursement for all covered drugs furnished to patients;? 

 (3) The total acquisition cost for other items and services furnished to patients; and? 

 (4) The total reimbursement for other items and services furnished to patients.? 

 (c) The total net revenue received by the hospital, each practice location of the hospital, and each pharmacy that the hospital contracts with, for all covered drugs administered or dispensed to patients. For purposes of this report, “total net revenue” means the total revenues received by the hospital, practice location of the hospital, or pharmacy that the hospital contracts with