A. Except as provided in Subsection B of this section, all programs, clinics, hospitals and other health-related centers and entities, including those identified by the authority pursuant to Paragraph (3) of Subsection A of Section 27-2-12.13 NMSA 1978, that are eligible under Section 340B of the federal Public Health Service Act, including hospitals and clinics licensed under the state Health Care Code, shall participate in that Section 340B federal prescription drug price discount program. B. If an entity described in Subsection A of this section can demonstrate to the satisfaction of the authority that the prescription drug price discount it receives other than through the Section 340B program results in greater savings to the state, the entity may be granted an exception to the requirements of this section. History: Laws 2004, ch. 47, § 1; § 24-1-5.10 recompiled and amended as § 24A-1-9 by Laws 2024, ch. 39, § 30. Recompilations. — Laws 2024, ch. 39, § 30 recompiled and amended former 24-1-5.10 NMSA 1978 as 24A-1-9 NMSA 1978, effective July 1, 2024. Cross references. — For Section 340B of the federal Public Health Service Act, see 42 U.S.C., §340B. The 2024 amendment, effective July 1, 2024, effective July 1, 2024, changed references to the human services department and the health department to the health care authority as a result of the enactment of the Health Care Code and to correspond with the new powers and duties of the health care authority; in Subsection A, after "identified by the" deleted "human services department" and added "authority" and after "licensed under the state" deleted "Public Health Act" and added "Health Care Code"; and in Subsection B, after "satisfaction of the" deleted "department of health" and added "authority".
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