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SB 94

Health: pharmaceuticals; drug manufacturers from engaging in certain conduct with pharmacies participating with a 340B program; prohibit. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 17757c. TIE BAR WITH: SB 0095'25

2025-2026 Regular Session Introduced by Rosemary Bayer and 9 co-sponsors

Michigan prohibits drug manufacturers from retaliating against or restricting pharmacies using federal 340B discount program for medications.

referred to Committee on Health Policy
#health:pharmaceuticals #stateagencies(existing):licensingandregulatoryaffairs
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Bill Summary · SB 94

Legislative bill overview

SB 94 amends Michigan's pharmaceutical laws to prohibit drug manufacturers from engaging in specified conduct with pharmacies that participate in the federal 340B program, which provides discounts on medications for safety-net providers. The bill adds enforcement mechanisms to protect participating pharmacies from manufacturer interference or retaliation related to their 340B participation.

Why is this important

The 340B program allows hospitals, clinics, and pharmacies serving vulnerable populations to purchase medications at significantly reduced prices, theoretically lowering costs for uninsured and low-income patients. Manufacturers have faced criticism for implementing restrictions that effectively limit 340B program benefits, so this bill aims to prevent such workarounds and preserve program integrity.

Potential points of contention

  • Manufacturer cost concerns: Drug manufacturers may argue restrictions limit their ability to manage distribution, control counterfeit drugs, or maintain pricing models that fund research and development
  • Definition ambiguity: The bill references "certain conduct" without fully specifying prohibited actions in the summary, creating potential enforcement and compliance uncertainty
  • Broader market impacts: Unclear whether protections could increase medication availability in underserved areas or simply shift costs elsewhere in the healthcare system

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

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