HF3609

Purpose

• The bill aims to protect access to 340B prescription drugs by preventing drug manufacturers from restricting how these drugs are delivered. It also strengthens state enforcement to push back against such restrictions and removes a sunset expiration that previously limited the rule.

Main provisions

• Adds new Subdivision 4 to Minnesota Statutes 2024 section 62J.96, stating that a violation of the section is considered an unfair or deceptive trade practice.
• Allows the attorney general to enforce this provision, making violations subject to existing consumer-protection enforcement.
• Repeals Minnesota Statutes 2024 section 62J.96 subdivision 3, which previously included an expiration provision related to access to 340B drugs.
• Repeal includes removing the expiration date that existed (expiration was July 1, 2027).

What this changes in law

• Drug manufacturers are prohibited from restricting delivery of 340B drugs covered under the statute.
• Violations can be treated as deceptive trade practices, expanding potential remedies and enforcement options under consumer-protection laws.
• The previous expiration date for the relevant provisions is removed, making the protections for 340B drug access ongoing rather than time-limited.

Enforcement and penalties

• Violations are enforceable by the attorney general.
• The bill treats violations as unfair or deceptive trade practices under the state’s consumer-protection framework, which can lead to AG-led enforcement actions and potential remedies available for deceptive practices.

Expiration and repeal details

• Subdivision 3, which previously contained an expiration (expired July 1, 2027), is repealed.
• By removing the expiration, the new provisions are designed to be ongoing, rather than sunset-limited.

Potential impact

• Hospitals, clinics, and patients who rely on 340B drugs may gain greater assurance that manufacturers cannot block or unduly limit access to these discounted medicines.
• The state’s attorney general gains a clearer authority to pursue and remedy restrictions on 340B drug delivery as part of consumer protection.

Relevant Terms 340B drugs, access to 340B drugs, drug manufacturers, delivery, distribution, unfair or deceptive trade practice, deceptive trade practice, attorney general, Minnesota Statutes 62J.96, Subd.4, Subd.3 Expiration, expiration date, July 1, 2027, enforcement, consumer protection, health care.