(1) As used in this section: (a) "340B covered entity" means the same as the term "covered entity" is defined in 42 U.S.C. Sec. 256b(a)(4). (b) "340B eligible drug" means a drug purchased through the 340B drug discount program, in accordance with 42 U.S.C. Sec. 256b, by a 340B covered entity. (c) "Contracted pharmacy" means a pharmacy contracting with a 340B covered entity to dispense 340B eligible drugs. (d) "Manufacturer" means a pharmaceutical manufacturer, including an agent or affiliate of a pharmaceutical manufacturer. (e) "Pharmacy" means any place where drugs are dispensed. (2) A manufacturer may not: (a) directly or indirectly restrict or prohibit: (i) a pharmacy from contracting with a 340B covered entity, including by denying the pharmacy access to a drug that is manufactured by the manufacturer; (ii) a 340B covered entity from contracting with a pharmacy, including by denying the 340B covered entity access to a drug that is manufactured by the manufacturer; (iii) the acquisition, dispensing, or delivery of a 340B eligible drug to any location authorized by a 340B covered entity to receive the drug, unless prohibited by federal law; or (iv) a 340B covered entity from receiving a 340B eligible drug, including by imposing a time limitation on a 340B covered entity to replenish or submit a claim for a 340B eligible drug; (b) directly or indirectly: (i) require a 340B covered entity to purchase a 340B eligible drug from a supplier if the manufacturer would otherwise permit the 340B covered entity to purchase a drug that is not a 340B eligible drug from the supplier; or (ii) require a 340B covered entity or a contracted pharmacy to submit any claim data, utilization data, or information about a 340B covered entity's contracts with a third-party, unless the data or information sharing is required by federal law, as a condition for allowing: (A) the acquisition of a 340B eligible drug by a 340B covered entity; or (B) delivery of a 340B eligible drug to a 340B covered entity or a contracted pharmacy; or (c) interfere with: (i) a contract between a pharmacy and a 340B covered entity; or (ii) the ability of a pharmacy and a 340B covered entity to enter into a contract. (3) The Public Employees' Benefit and Insurance Program created in Section 49-20-103 may adjust the program's business practices to mitigate any financial impacts resulting from this section. (4) Nothing in this section is to be construed to conflict with federal law.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.