[§481N-2]  Drug manufacturers; discriminatory acts prohibited.  (a)  No manufacturer, or any agent or affiliate of a manufacturer, shall deny, restrict, or prohibit, either directly or indirectly, the acquisition of a 340B drug by, or shipping or delivery of a 340B drug to, a pharmacy that is under contract with a 340B covered entity and is authorized under the contract to receive and dispense 340B drugs on behalf of the 340B covered entity unless the receipt is prohibited by the United States Department of Health and Human Services.

     (b)  Nothing in this section shall deny, restrict, or prohibit a manufacturer from requiring a 340B covered entity to provide claims data for the manufacturer's 340B drugs dispensed through a contract pharmacy arrangement; provided that the claims data is necessary to investigate potential diversion, duplicate discounts, or whether a transaction is eligible for a rebate under applicable arrangements between a drug manufacturer and a third-party payor; provided further that any request for claims data by a manufacturer shall be limited to claims submitted no more than three years prior to the date of the request.  Any claims data provided pursuant to this subsection shall be shared in a manner that is fully compliant with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and any other applicable privacy laws.  Nothing in this subsection shall be construed to supersede or conflict with any applicable federal laws, rules, or regulations governing the 340B program.

     (c)  No person other than a 340B covered entity or the attorney general may bring a civil action based upon a violation of this section. [L 2025, c 143, pt of §2]