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Committee reviews technical amendments to H.611 to remove 340B rebate ban, delay doula coverage start and clean up VPharm language
Summary
Legislative staff presented a strike‑all amendment to H.611 that would (1) remove a state prohibition on offering 340B pricing as rebates, responding to federal preemption rulings and litigation; (2) push the earliest start of Medicaid doula coverage to July 1, 2027, tied to CMS approval; and (3) delete a MAGI reference for the VPharm pharmacy assistance program as a statutory cleanup. Agency and advocate witnesses said the timing and technical fixes are feasible; no votes were recorded.
Jen Carvey of the Office of Legislative Council told the committee the draft is currently written as a strike‑all amendment and includes a new section that would remove a provision enacted last session concerning 340B drug pricing. "There was a subsection which says a manufacturer or its agent shall offer or otherwise make available 340B drug pricing to a 340B covered entity or its contract pharmacy in the form of a discount at the time of purchase and shall not offer or otherwise make available 340B drug pricing in the form of a rebate," Carvey said, and courts have found parts of the 340B provisions enacted last year subject to federal preemption and litigation.
Carvey told members that two federal courts have ruled the authority to…
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