H.B. 74

1

MEDICAID 340B DRUG PRICING PROGRAMS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David Litvack
5 Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 Committee Note:
9 The Medicaid Interim Committee recommended this bill.
10 General Description:
11 This bill amends the Medical Assistance Programs chapter in the Health Code.
12 Highlighted Provisions:
13 This bill:
14 . requires the department to explore the feasibility of expanding the use of 340B drug
15 pricing programs in the state Medicaid program;
16 . requires the department to report to the Legislature's Health and Human Services
17 Interim Committee and Health and Human Services Appropriations Subcommittee
18 regarding implementation of the expansion of the 340B drug pricing program; and
19 . sunsets the section on July 1, 2013.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 63-55-226, as last amended by Laws of Utah 2007, Chapter 24
27 ENACTS:

28 26-18-12, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 26-18-12 is enacted to read:
32 26-18-12. Expansion of 340B drug pricing programs.
33 (1) The department shall, in accordance with this section, expand the state Medicaid
34 program's use of savings under the 340B drug pricing program.
35 (2) The department shall:
36 (a) determine the feasibility of developing and implementing one or more 340B drug
37 pricing programs for a specific disease, similar to the department's hemophilia disease
38 management services; and
39 (b) report by May 21, 2008 to the Legislature's Health and Human Services Interim
40 Committee and Health and Human Services Appropriations Subcommittee regarding:
41 (i) potential cost savings to the state Medicaid program from expansion of the use of
42 340B drug pricing programs;
43 (ii) state Medicaid plan amendments or waivers necessary to implement increased use
44 of 340B drug pricing programs by the state Medicaid program; and
45 (iii) projected implementation of the 340B drug pricing programs identified under the
46 provisions of Subsection (2)(a);
47 (c) work with the Association for Utah Community Health to identify and assist
48 community clinics that do not have 340B drug pricing programs to determine:
49 (i) whether the patients of the community health center would benefit from establishing
50 a 340B drug pricing program either on site, or through a contract with a pharmacy provider;
51 and
52 (ii) whether the community health center can provide the 340B drug price savings to
53 the community health center's Medicaid patients; and
54 (d) beginning May 21, 2008, report on a quarterly basis to the Legislature's Health and
55 Human Services Interim Committee and Health and Human Services Appropriations
56 Subcommittee on the department's progress towards implementing an expansion of the use of
57 the 340B drug pricing program by community health centers.
58 (3) This section shall sunset in accordance with Section 63-55-226 .

59 Section 2. Section 63-55-226 is amended to read:
60 63-55-226. Repeal dates, Title 26.
61 (1) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
62 1, 2015.
63 (2) Section 26-18-12 , Expansion of 340B drug pricing programs, is repealed July 1,
64 2013.
65 [(2)] (3) Title 26, Chapter 23b, Detection of Public Health Emergencies Act, is
66 repealed July 1, 2009.
67 [(3)] (4) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
68 2014.
69 [(4)] (5) Section 26-21-23 , Licensing of non-Medicaid nursing care facility beds, is
70 repealed July 1, 2009.




Legislative Review Note
as of 11-20-07 1:48 PM

Office of Legislative Research and General Counsel