HB 2145 — Protecting patient access to discounted medications and health care services through Washington's health care safety net by preventing manufacturer limitations on the 340B drug pricing program.

H-3141.1H-2460.2 SUBSTITUTE HOUSE BILL 2145 State of Washington 69th Legislature 2026 Regular Session By House Health Care & Wellness (originally sponsored by Representatives Thai, Macri, Obras, Parshley, Tharinger, Salahuddin, Stonier, Berry, Zahn, Bergquist, Lekanoff, Fosse, Stearns, Entenman, Duerr, Wylie, Reed, Fey, Hill, Pollet, Santos, Taylor, Hall, Bernbaum, Berg, Ormsby, Reeves, Ryu, Kloba, Ramel, Doglio, Mena, Cortes, Street, Scott, Thomas, Morgan, Gregerson, Goodman, Farivar, and Davis)Davis READPrefiled FIRST12/15/25. TIME 01/28/26.

Read first time 01/12/26.

Referred to Committee on Health Care & Wellness.

The 340B drug pricing program requires drug manufacturers to offer discounts on outpatient medications to eligible providers that serve these populations.

(2) Congress created the 340B drug pricing program in 1992, stating that the program's benefits enable covered "entities to stretch scarce federal resources as far as possible, reaching more eligible patients and providing more comprehensive services." (H.R.

The 340B drug pricing program allows certain safety net providers to sustain underfunded services and reinvest savings into essential community benefits, such as financial assistance for low-income p.

1 SHBHB 2145 financial assistance for low-income patients, no-cost wellness visits, screenings, vaccinations, transportation to appointments, health education classes, case management, medication adherence services, and workforce development programs.

(3) The federal health resources and services administration permits 340B covered entities to contract with pharmacies to enable access to life-saving drugs and drugs that preserve quality of life to eligible patients, including for those who otherwise have limited access.

(4) The 340B drug pricing program and contract pharmacies are crucial to Washington's safety net providers by ensuring patients can access their prescribed medications, while providing additional resources to 340B covered entities to serve vulnerable and underserved populations.

(5) More than 20 other states have recognized the importance of contract pharmacies to the 340B drug pricing program and have taken action to prohibit drug manufacturers from imposing restrictions on 340B covered entities' ability to serve patients through contract pharmacies.

(8) The legislature, therefore, finds that prohibiting drug manufacturers from imposing restrictions on 340B covered entities is necessary to protect Washington's vulnerable patients, their access to medications, and safety net providers' ability to serve their patients.

(2) "340B program" means the federal 340B drug pricing program, as described in 42 U.S.C.

Sec.

256b.

2 SHBHB 2145 (3)(a)(2) "Covered entity" means an entity authorized to participate in the federal 340B drug pricing program, as defined in 42 U.S.C.

(b)(3) "Covered"Manufacturer" entity"means alsoa includesperson, ancorporation, offsiteor outpatientother facility affiliated with an entity describedengaged in (a)the manufacture of thisdrugs subsection.or devices.

(4) "Department" means the department of health.

(5) "Manufacturer" means a person, corporation, or other entity engaged in the manufacture of drugs or devices.

(6)(4) "Package" has the same meaning as in 21 U.S.C.

(7)(5) "Pharmacy" has the same meaning as in RCW 18.64.011.

(6) "Third-party logistics provider" has the same meaning as in 21 U.S.C.

Sec.

360eee(22) as of the effective date of this section.

(1) A manufacturer or thirda partydistributor actingor onthird-party behalflogistics provider of a manufacturermanufacturer's drugs may not, directly or indirectly, deny, restrict, or prohibit the acquisition of a 340B drug by, or delivery of a 340B drug to, a covered entity, a pharmacy that is under contract with a covered entity to receive and dispense a 340B drug on behalf of the covered entity, or any location authorized by a covered entity to receive such 340B drug, unless federal law prohibits receipt of the 340B drug.

(2) A manufacturer or thirda partydistributor actingor onthird-party behalflogistics provider of a manufacturermanufacturer's drugs may not, directly or indirectly, require a covered entity to submit any claims, utilization, purchasing, or other data as a condition for allowing the acquisition of a 340B drug by, or delivery of a 340B drug to, a covered entity, a pharmacy that is under contract with a covered entity to receive and dispense a 340B drug on behalf of the covered entity, or any location authorized by a covered entity to receive such 340B drug, unless federal law requires such data sharing.

(1) In addition to any other remedy provided by law, a covered entity may file a civil action against a manufacturermanufacturer, distributor, or athird-party thirdlogistics partyprovider acting on behalf of a manufacturer for a violation of section 3 of this act.chapter.

If a court finds that the manufacturermanufacturer, distributor, or thirdthird-party partylogistics actingprovider on behalf of a manufacturer violated section 3 of this act,chapter, the court may enjoin the violation and award a civil penalty of up to $5,000 per day for each violation, as well as reasonable attorneys' fees and costs.

Each package of 340B p.drugs subject to a prohibited act under this chapter constitutes a separate violation.

3p. SHB 2145 drugs subject to a prohibited act under section 3 of this act constitutes a separate violation.

3 HB 2145 (2) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce section 3 of this act.chapter.

For actions brought by the attorney general to enforce the provisions of section 3 of this act,chapter, the legislature finds that the practices covered by section 3 of this actchapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.

For actions brought by the attorney general to enforce section 3 of this act,chapter, a violation of section 3 of this actchapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

(1)If Beforeany Aprilprovision 1st of eachthis year,act aor coveredits entityapplication shallto reportany theperson followingor informationcircumstance tois held invalid, the departmentremainder concerningof the coveredact entity'sor participationthe inapplication of the 340Bprovision programto forother thepersons previousor calendarcircumstances year:is not affected.

(a) The following information for the covered entity:

(i) Name;

(ii) Service address;

(iii) 340B program identification number;

and (iv) Designation of entity type, as specified in 42 U.S.C.

Sec.

256b(a)(4);