Delaware General Assembly

Lieu/Substituted 6/6/24

If original bill has not been considered in committee, the substitute takes place of original bill. If original bill has been considered in committee, the substitute will be assigned to committee for consideration.

HS 1 for HB 383 w/ HA 1, HA 2

5/2/24

Harris

Sen. S. McBride

Sen. Poore
Reps. Dorsey Walker, K. Johnson, Minor-Brown, Morrison, Neal, Romer, Wilson-Anton, Baumbach, Lambert

AN ACT TO AMEND TITLES 18 AND 24 OF THE DELAWARE CODE RELATING TO PROHIBITING DISCRIMINATION AGAINST 340B DRUGS AND COVERED ENTITIES BY MANUFACTURERS AND PHARMACY BENEFITS MANAGERS.

Section 1 of this Act prohibits discrimination against 340B drug distribution by manufacturers, repackagers, third-party logistics providers, and wholesalers. Violations are deemed an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Department of Justice has authority to promulgate regulations under this section. The Board of Pharmacy may take disciplinary action against licensees based on the outcome of investigations or proceedings brought by the Department of Justice. Section 2 of this Act prohibits discrimination by pharmacy benefits managers against 340B covered entities. Violations are deemed unfair practices in the insurance business. Contracts purporting to include provisions in violation of this Act are deemed void and unenforceable. Section 3 of this Act contains severability language in the event that any provision or the application of the Act to a person or circumstance is deemed to be invalid. Section 4 of this Act contains non-preemption language to ensure that the Act can be read and interpreted to not conflict with other State or federal law.

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Takes effect upon being signed into law

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