SB 69: Medication Amendments - Utah

Amended 3/4/2025 11:03:401 → Substitute #1 · 5 edits

MODERATE

The bill was reformatted from a detailed multi-section amendment to a simplified substitute version with fewer sections. The substantive policy content regarding 340B drug discount protections remains largely similar, but the substitute version consolidates provisions and removes detailed reporting requirements and specific claim information sharing rules that were present in the original version.

Scope change

The bill's scope was narrowed by removing Section 31A-46-312, which contained detailed provisions about claim information sharing, public reporting requirements, and specific definitions related to bad debt and uncompensated care.

REQUIREMENT

Removed detailed claim information sharing rules that allowed pharmaceutical manufacturers to request specific prescription data from 340B entities.

Eliminated annual public reporting requirements that would have required 340B entities to submit detailed financial and operational data to the Insurance Department.

DEFINITION

Simplified definitions by removing detailed explanations of bad debt, financial assistance, and uncompensated care that were previously included.

ENFORCEMENT

Removed provisions that specified how manufacturers could use claim information and prohibited uses such as establishing purchase restrictions or recouping discounts.

TECHNICAL

Changed the House Sponsor field from 'Steve Eliason' to blank in the substitute version.

Amended Excerpts 3/4/2025 11:03:401 → Amended 3/4/2025 11:03:401 · 4 edits

MODERATE

The bill was reformatted and reorganized from a fragmented amendment format into a complete legislative substitute bill with proper title, sponsor information, and structured sections. The substantive policy content regarding 340B drug discount program protections and claim information sharing requirements remains consistent with the original amendments, though the presentation is now more formal and complete.

Scope change

The bill's scope remains focused on protecting 340B entity participation in federal drug discount programs and regulating claim information sharing between manufacturers and participating entities. The reorganization clarifies the bill's structure but does not alter its substantive applicability.

TECHNICAL

Converted fragmented amendment excerpts into a complete substitute bill format with proper legislative structure including title, sponsors, long title, and organized sections.

Added comprehensive bill header information including sponsor names, general description, highlighted provisions, and Utah Code sections affected.

Reorganized content from inline amendment markers to structured statutory language with proper section numbering and formatting.

Included standard legislative elements such as money appropriated statement and special clauses sections.

Enrolled → Amended Excerpts 3/4/2025 11:03:401 · 2 edits

MINOR

The bill text was amended to add a new definition for 'Financial assistance' and to allow pharmaceutical manufacturers to request specific information from 340B entities. These changes clarify terminology and expand the data collection capabilities of manufacturers under the 340B drug discount program.

Scope change

The scope of the bill was modified to include new definitions and expanded information request authority for pharmaceutical manufacturers.

DEFINITION

Added a new definition for 'Financial assistance' to clarify the cost incurred by participating 340B entities.

REQUIREMENT

Added authority for pharmaceutical manufacturers to request information from participating 340B entities, expanding data collection capabilities.

Substitute #5 → Substitute #6 · 5 edits

MODERATE

The bill was reformatted and simplified from a detailed multi-section version to a concise two-section version. The substantive policy content regarding 340B drug discount program restrictions remains largely the same, but some provisions were removed or condensed. The effective date was moved from Section 3 to Section 2 in the new version.

Scope change

The bill's scope remains focused on regulating pharmaceutical manufacturers' conduct with respect to the 340B drug discount program, but the detailed claim information sharing and reporting requirements that were in the original version have been removed.

REQUIREMENT

Removed Section 2 which contained detailed provisions about claim information sharing between manufacturers and 340B entities, including definitions of bad debt, financial assistance, and uncompensated care.

Removed the annual reporting requirements for 340B entities to the Insurance Department regarding their program compliance, contract pharmacy counts, and uncompensated care statistics.

Added new prohibitions in Section 1(2)(b) requiring manufacturers not to force 340B entities to purchase specific drugs or to submit claim data as a condition for drug acquisition.

STRUCTURE

Reorganized the bill structure, moving the effective date provision from Section 3 to Section 2 and removing the detailed Utah Code section references.

TECHNICAL

Changed formatting from a formal legislative markup style to a cleaner presentation with line numbers and simplified text layout.

Substitute #4 → Substitute #5 · 4 edits

MODERATE

This bill was revised to update the House Sponsor name and improve formatting. The substantive policy content regarding 340B drug discount program restrictions, claim information sharing, and reporting requirements remains unchanged from the previous version.

Scope change

No substantive change to the bill's scope or applicability; only formatting and sponsor name updates were made.

TECHNICAL

House Sponsor name changed from 'LONG TITLE' to 'Steve Eliason'

Formatting improved with consistent line breaks and page numbering structure

Highlighted provisions section updated with bullet point formatting (▸ symbols)

General Description text slightly shortened from 'addresses participation in' to 'addresses the'

Substitute #3 → Substitute #4 · 4 edits

MODERATE

This bill version was reformatted and slightly edited for clarity, with one key substantive change: the list of claim information manufacturers can request now includes 'prescriber identification number' in addition to the previous seven items. The section on public reporting was also simplified by removing detailed sub-items about impact descriptions and operating costs.

Scope change

The bill's scope remains the same, but the reporting requirements were reduced in detail while adding a new type of data (prescriber ID) that manufacturers can request.

REQUIREMENT

Added 'prescriber identification number' to the list of claim information that pharmaceutical manufacturers may request from 340B entities.

Simplified the public reporting requirements by removing detailed sub-items about impact descriptions, operating costs, and prescription percentages that were previously required.

TECHNICAL

Changed the reporting deadline from a fixed date (July 1) to a relative deadline tied to when the entity files its Medicare cost report.

Replaced 'Bad debt' definition wording from 'cost incurred' to 'amount of money charged' for clarity.

Substitute #2 → Substitute #3 · 5 edits

MODERATE

This bill revision changes the claim information sharing process between pharmaceutical manufacturers and 340B entities. The original version required 340B entities to automatically send claim data to a designated third party, while the new version allows manufacturers to directly request specific claim information from participating 340B entities. This shift gives manufacturers more direct access to data while maintaining restrictions on how that data can be used.

Scope change

The scope of data sharing changed from a mandatory third-party collection system to a direct request-based system between manufacturers and 340B entities.

REQUIREMENT

Changed claim information sharing from automatic submission to a designated third party to direct requests from pharmaceutical manufacturers to 340B entities.

Modified the designated entity requirements by removing the third-party intermediary and allowing manufacturers to directly receive claim information upon request.

Removed the requirement for 340B entities to post community health needs assessments on their websites as part of public reporting.

DEFINITION

Added new definitions for 'bad debt', 'financial assistance', and 'uncompensated care' to clarify how 340B entities calculate their financial obligations.

ENFORCEMENT

Changed the enforcement mechanism from a commissioner-designated third party to direct manufacturer requests, reducing the role of the Insurance Department in data collection.

Substitute #1 → Substitute #2 · 6 edits

MODERATE

The bill was significantly expanded from a single section protecting pharmacy discount programs to a comprehensive two-section bill that adds new reporting requirements and creates a designated third-party entity to collect and share claim data with pharmaceutical manufacturers. The new version also explicitly includes the Public Employees' Benefit and Insurance Program and adds specific definitions for contract pharmacies and participating 340B entities.

Scope change

Expanded from a single section (31A-46-311) to two sections (31A-46-311 and 31A-46-312), adding new requirements for claim information sharing and a designated third-party entity.

REQUIREMENT

Added Section 31A-46-312 requiring a designated third-party entity to receive deidentified claim information from participating 340B entities and report it to pharmaceutical manufacturers.

Added requirements for the commissioner of insurance to designate a third-party entity that is independent of pharmaceutical manufacturers and uses compliant technology.

Added Section 31A-46-311(3) allowing the Public Employees' Benefit and Insurance Program to adjust business practices to mitigate financial impacts.

DEFINITION

Added new definitions for 'Board of pharmacy', 'Claim information', 'Contract pharmacy', 'Designated entity', and 'Participating 340B entity'.

Removed definitions for '340B drug', '340B drug discount program', and '340B entity' from Section 31A-46-311.

SCOPE

Changed the bill's focus from general pharmaceutical entities to specifically targeting manufacturers and their agents/affiliates.

Introduced → Enrolled · 5 edits · Mar 27, 2025

MODERATE

The bill was updated from an introduced version to an enrolled version, adding a House Sponsor, clarifying the long title to include the 340B drug discount program, and adding a provision allowing the Public Employees' Benefit and Insurance Program to adjust its practices to mitigate financial impacts. The core prohibitions on pharmaceutical entities remain largely similar but were simplified and reorganized.

Scope change

The bill's scope was slightly narrowed by removing the detailed definition of 'pharmaceutical entity' and '340B entity' in favor of a simpler 'manufacturer' definition, while adding a new provision specifically protecting the Public Employees' Benefit and Insurance Program.

DEFINITION

Added 'House Sponsor: Steve Eliason' to the enrolled copy, which was not present in the introduced version.

Simplified the definition section by removing separate definitions for '340B entity' and 'pharmaceutical entity' and consolidating them into a single definition for 'manufacturer'.

REQUIREMENT

Added a new subsection allowing the Public Employees' Benefit and Insurance Program to adjust its business practices to mitigate financial impacts from the bill.

Reorganized the prohibited actions from a three-part structure to a more streamlined format with fewer subsections, though the substantive prohibitions remain largely the same.

TECHNICAL

Updated the long title description to more explicitly reference the 340B drug discount program and added a bullet point about the Public Employees' Benefit and Insurance Program.

Medication Amendments

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