HB2309 protects certain pharmacies participating in the federal 340B drug-pricing program by prohibiting insurers and pharmacy benefit managers (PBMs) from requiring 340B pharmacies to include a special modifier or indicator on reimbursement claims (with limited exceptions).

The Oregon State Senate passed HB2309 on June 9, 2025 by a vote of 18 to 12. We have assigned pluses to the nays because this bill deepens participation in a federal program that lacks authorization under Article I, Section 8 of the U.S. Constitution. By restricting how insurers and PBMs may structure reimbursement claims, the state further interferes with private contracts protected under Article I, Section 10, and entrenches a federally driven price-control scheme in the healthcare market. Ultimately, HB2309 expands government involvement in healthcare and props up an unconstitutional federal welfare program at the expense of free-market principles and state sovereignty.