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S 819

An Act prohibiting discrimination against 340b drug discount program participants

194th Legislature (2025-2026) Introduced by Nick Collins and 12 co-sponsors

Massachusetts bill prohibits pharmaceutical manufacturers from discriminating against hospitals and clinics participating in federal 340B drug discount program, protecting medication access for low-income patients.

Committee recommended ought to pass and referred to the committee on Senate Ways and Means
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Bill Summary · S 819

Legislative bill overview

S 819 prohibits discrimination against participants in the 340B Drug Discount Program, a federal program that allows hospitals, clinics, and other covered entities to purchase medications at substantial discounts. The bill aims to prevent pharmaceutical manufacturers or intermediaries from penalizing or restricting access to these discounts based on participation in the program.

Why is this important

The 340B program helps safety-net providers—including public hospitals, community health centers, and charities—stretch limited budgets to serve uninsured and low-income patients. Discrimination against 340B participants could increase medication costs for vulnerable populations and reduce healthcare access in underserved communities. This issue has gained attention as some manufacturers have allegedly restricted or threatened to restrict 340B discounts.

Potential points of contention

  • Manufacturer concerns: Pharmaceutical companies may argue that 340B restrictions protect against drug diversion and ensure discounts reach intended beneficiaries, and that federal law already governs this program
  • Scope and enforcement: Unclear whether the bill creates new enforcement mechanisms, penalties, or regulatory burden on manufacturers and how it coordinates with existing federal 340B oversight
  • Definition of discrimination: The bill's specific language defining prohibited conduct and what constitutes "discrimination" may be contested during committee review

Compiled from official sources — confirm details with the bill’s official record.

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