HB728 known as the "Defending Affordable Prescription Drug Costs Act," prohibits health insurance companies, pharmacy benefit managers, drug manufacturers, and distributors from discriminating against entities participating in the federal 340B drug discount program, including via reimbursement rates and contract terms.
The Mississippi State House of Representatives passed HB728 on March 14, 2024 by a vote of 83 to 31. We have assigned pluses to the nays because this bill imposes government mandates on private businesses, compelling them to comply with regulations that interfere with their freedom to contract and operate according to their own principles—violating the First Amendment and Article I, Section 10, of the U.S. Constitutions. Moreover, the federal 340B drug discount program, which the bill seeks to protect, lacks constitutional authorization under Article I, Section 8. By propping up this federal program at the state level, HB728 further entrenches government interference in healthcare and undermines the free market.
