| Momentum Bucket | Strong Momentum |
| Legal Title | |
| Bill Description | 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. |
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What this bill does
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This bill creates a new state law (Sections 1–5 forming a new chapter in Title 69 RCW) that prohibits drug manufacturers and third parties acting on their behalf from denying, restricting, or prohibiting the acquisition or delivery of 340B drugs to a covered entity, a pharmacy under contract with a covered entity, or any location authorized by a covered entity, except where federal law prohibits receipt. It also forbids manufacturers or their agents from conditioning delivery on submission of claims, utilization, purchasing, or other data unless federal law requires such sharing. The bill defines key terms by reference to federal statutes and state law as of the act’s effective date.
The bill creates civil remedies and penalties: covered entities may sue for violations, courts may enjoin prohibited practices, and may award civil penalties up to $5,000 per day for each violation (each package of 340B drugs subject to a prohibited act is a separate violation), plus reasonable attorneys’ fees and costs. The state attorney general may enforce the prohibitions in the name of the state or as parens patriae, and the bill treats violations as unfair or deceptive acts under the Washington Consumer Protection Act (chapter 19.86 RCW).
The bill imposes administrative reporting duties and enforcement by the Department of Health (DOH): hospital covered entities must file an annual report to DOH by April 1 after their fiscal year with specified information about 340B participation and use of savings; DOH must prepare a reporting template and post reported information online; DOH may fine a hospital covered entity $1,000 per day under RCW 43.70.095 for failure to provide required information. The act is conditioned on specific funding: if funding referencing this act is not provided in the omnibus appropriations act by June 30, 2026, the act is null and void. The text does not state the act’s effective date, does not reproduce the specific federal entity-type list cited, does not specify which federal provisions would trigger the stated exceptions, does not provide a new chapter number, does not define “third party acting on behalf of a manufacturer,” and does not supply procedural details such as venue, statute of limitations, or burden of proof for civil actions.
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Why it matters
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If enacted, drug manufacturers and anyone acting for them would no longer be able to block or condition delivery of federally discounted 340B drugs to eligible covered entities, their contract pharmacies, or approved locations, and they could not demand claims or purchasing data as a condition of supply unless federal law requires it. That change gives covered entities new, direct legal leverage: they can sue for injunctions and damages, and the attorney general can pursue consumer protection actions; manufacturers face a real risk of large, cumulative penalties because the bill treats each package as a separate violation with civil penalties up to $5,000 per day. Hospital covered entities will have a new recurring administrative duty to file detailed annual reports to the Department of Health about their 340B participation and how savings are used, with the department creating a template, posting the reports publicly, and able to fine hospitals $1,000 per day for missed reports, so hospitals should expect added reporting costs and potential fines while the department will need resources to implement and publish the reporting system.
Key implementation details are unclear from the text provided: the law’s effective date is not stated, the specific federal exceptions that could override the prohibitions are not spelled out, and the exact hospital entity types referenced are only cited by federal code rather than listed, so the scope and timing of obligations and enforcement could change once those details are clarified. The act would also be void unless specific funding for it appears in the omnibus appropriations bill by June 30, 2026.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/09/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $13,351,182.00 |
| DRUGS |
| Hearing | House Health Care & Wellness (Public) |
| Hearing | House Health Care & Wellness (Executive) |
| Hearing | House Appropriations (Public) |
| Hearing | House Appropriations (Executive) |