84 Del. Laws ch. 408 (HS 1 for HB 383) took effect Sept. 19, 2024 and bars a PBM or purchaser from paying a 340B covered entity less than the CMS NADAC rate, or WAC if NADAC is unavailable.
84 Del. Laws ch. 408, House Substitute 1 for House Bill 383, took effect Sept. 19, 2024. The Delaware General Assembly bill was signed that day. It amends Titles 18 and 24 of the Delaware Code on 340B drugs and covered entities. Section 2 adds 18 Del. C. § 3374A. A pharmacy benefits manager or purchaser may not discriminate against a covered entity or its contracted pharmacy because it participates in the federal 340B program under 42 U.S.C. § 256b. Covered entity means as defined in 42 U.S.C. § 256b(a)(4). One listed practice is a reimbursement rate for a 340B drug that is less than the national average drug acquisition cost rate determined by CMS, measured when the drug is administered or dispensed, or less than wholesale acquisition cost if that NADAC rate is unavailable. A violation
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