A 'crystal ball prediction' for more 340B protections: ASHP expert

More than 25 states have enacted laws designed to protect against pharmacy benefit managers' discriminatory practices in the 340B program, the American Society of Health-System Pharmacists said April 2. 

On Jan. 1, Nevada became the 28th state to heighten its governance on 340B participation from PBMs, which are also facing federal scrutiny. A new state law bans PBMs from establishing unfavorable reimbursement rates, according to the ASHP.  

Six states passed similar laws in 2023, and up to 33 could target these practices by 2025. 

"My crystal ball prediction is that this year, we will add at least five additional states to the 28 states that had laws on the books when 2024 began," Kyle Robb, PharmD, ASHP director of state policy advocacy, said in a news release. 

Adam Porath, PharmD, vice president of pharmacy services at Reno, Nev.-based Renown Health, said in the release that he was excited to see this law pass. He added that his hospital system refuses to contract with uncooperative PBMs. 

"Given the fact that they are choosing to just not comply with the law, then that doesn't leave us with a lot of choice," Dr. Porath said.

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