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Senate Bill 1486 Printer's Number 2028

PENNSYLVANIA, October 13 - for-service program under Article IV of the act of June 13,

1967 (P.L.31, No.21), known as the Human Services Code, an

individual paying for drugs on the individual's own behalf or

on behalf of another individual, the Pennsylvania Employees

Benefit Trust Fund or any successor organization that only

provides prescription drug benefits for employees of the

Commonwealth and their covered dependents or the Special

Pharmaceuticals Benefits Program operated by the department.

"Department." The Department of Human Services of the

Commonwealth.

"Manufacturer." An entity defined under section 1927(k) of

the Social Security Act (42 U.S.C. § 1396r-8(k)).

"Pharmacy benefit manager." A person, business or other

entity that performs pharmacy benefit management for covered

insurers.

"Public Health Service Act." The Public Health Service Act

(58 Stat. 682, 42 U.S.C. § 201 et seq.).

"Third-party logistics provider." As defined under 21 U.S.C.

§ 360eee(22) (relating to definitions).

"Wholesale distributor of prescription drugs." A wholesale

distributor of prescription drugs as defined under the act of

December 14, 1992 (P.L.1116, No.145), known as the Wholesale

Prescription Drug Distributors License Act.

Section 3. Prohibition of certain discriminatory actions by a

manufacturer or distributor.

(a) Prohibition.--A manufacturer, an agent or affiliate of a

manufacturer, or distributor or third-party logistics provider

of a manufacturer's drugs, may not, directly or indirectly,

deny, restrict, prohibit or otherwise interfere with the

acquisition of a 340B drug by, or delivery of a 340B drug to, a

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