{"data":{"id":"us-ut/utah-code-31a-46-311","jurisdiction":"us-ut","citation":"Utah Code § 31A-46-311","heading":"Prohibited actions with respect to the 340B drug discount program.","body":"(1) As used in this section:\n(a) \"340B covered entity\" means the same as the term \"covered entity\" is defined in 42 U.S.C. Sec. 256b(a)(4).\n(b) \"340B eligible drug\" means a drug purchased through the 340B drug discount program, in accordance with 42 U.S.C. Sec. 256b, by a 340B covered entity.\n(c) \"Contracted pharmacy\" means a pharmacy contracting with a 340B covered entity to dispense 340B eligible drugs.\n(d) \"Manufacturer\" means a pharmaceutical manufacturer, including an agent or affiliate of a pharmaceutical manufacturer.\n(e) \"Pharmacy\" means any place where drugs are dispensed.\n(2) A manufacturer may not:\n(a) directly or indirectly restrict or prohibit:\n(i) a pharmacy from contracting with a 340B covered entity, including by denying the pharmacy access to a drug that is manufactured by the manufacturer;\n(ii) a 340B covered entity from contracting with a pharmacy, including by denying the 340B covered entity access to a drug that is manufactured by the manufacturer;\n(iii) the acquisition, dispensing, or delivery of a 340B eligible drug to any location authorized by a 340B covered entity to receive the drug, unless prohibited by federal law; or\n(iv) a 340B covered entity from receiving a 340B eligible drug, including by imposing a time limitation on a 340B covered entity to replenish or submit a claim for a 340B eligible drug;\n(b) directly or indirectly:\n(i) require a 340B covered entity to purchase a 340B eligible drug from a supplier if the manufacturer would otherwise permit the 340B covered entity to purchase a drug that is not a 340B eligible drug from the supplier; or\n(ii) require a 340B covered entity or a contracted pharmacy to submit any claim data, utilization data, or information about a 340B covered entity's contracts with a third-party, unless the data or information sharing is required by federal law, as a condition for allowing:\n(A) the acquisition of a 340B eligible drug by a 340B covered entity; or\n(B) delivery of a 340B eligible drug to a 340B covered entity or a contracted pharmacy; or\n(c) interfere with:\n(i) a contract between a pharmacy and a 340B covered entity; or\n(ii) the ability of a pharmacy and a 340B covered entity to enter into a contract.\n(3) The Public Employees' Benefit and Insurance Program created in Section 49-20-103 may adjust the program's business practices to mitigate any financial impacts resulting from this section.\n(4) Nothing in this section is to be construed to conflict with federal law.","path":["Title 31A Insurance Code","Chapter 31A-46 Pharmacy Benefits Act","Part 31A-46-3 Operating Requirements"],"source_url":"https://le.utah.gov/xcode/Title31A/Chapter46/31A-46-S311.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"3bdc3842e27395cccf3ea59c5013bc83925556bac50f8b906580ec9d4334a548","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-31a-46-310","next":"us-ut/utah-code-31a-46-312"},"notice":"GroundRules: Original legal text. Not legal advice."}