MS HB728

Prohibits health insurance issuers, pharmacy benefit managers, and third-party payors from reimbursing 340B entities at lower rates than non-340B entities for the same drugs or from imposing discriminatory terms and conditions based on 340B program participation.

Bans requirements that 340B entities pay additional fees, clawbacks, or assessments; accept lower dispensing fees; submit to more frequent audits; or identify drugs as 340B drugs during claims processing (unless required by CMS or Mississippi Medicaid).

Prevents discrimination that interferes with patients' ability to choose 340B entities for prescription drug services and prohibits exclusion of 340B entities from insurance networks based solely on their 340B participation.

Prohibits manufacturers and distributors from denying, restricting, or interfering with the acquisition or delivery of 340B drugs to contracted pharmacies authorized to dispense them on behalf of covered entities.

Designates violations of these prohibitions as violations of Mississippi's Consumer Protection Act subject to investigative action and penalties, with effect date of July 1, 2024.