Utah § 31A-46-310 Prohibited actions with respect to a federally qualified health center.

Utah Statutes

§ 31A-46-310 — Prohibited actions with respect to a federally qualified health center.

Utah § 31A-46-310

Title 31AInsurance Code

Ch. 31A-46Pharmacy Benefits Act

Part 31A-46-3Operating Requirements

This text of Utah § 31A-46-310 (Prohibited actions with respect to a federally qualified health center.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 31A-46-310 (2026).

Text

(1)As used in this section, "federally qualified health center":

(1)(a) means the same as that term is defined in 42 U.S.C. Sec. 1395x(aa)(4); and

(1)(b) includes the pharmacy or pharmacies that are operated by or contract with a federally qualified health center described in Subsection (1)(a) to dispense drugs purchased through the federally qualified health center.

(2)This section applies to a contract entered into or renewed on or after January 1, 2022, between an insurer and a pharmacy described in Subsection (1)(b).

(3)An insurer may not vary the amount that the insurer reimburses to a federally qualified health center for a drug on the basis of whether:

(3)(a) the drug is a 340B drug; or

(3)(b) the pharmacy is a 340B entity.

(4)Subsection (3) does not apply to a drug reimbursed

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(1) As used in this section, "federally qualified health center":

(1)(a) means the same as that term is defined in 42 U.S.C. Sec. 1395x(aa)(4); and
(1)(b) includes the pharmacy or pharmacies that are operated by or contract with a federally qualified health center described in Subsection (1)(a) to dispense drugs purchased through the federally qualified health center.
(2) This section applies to a contract entered into or renewed on or after January 1, 2022, between an insurer and a pharmacy described in Subsection (1)(b).
(3) An insurer may not vary the amount that the insurer reimburses to a federally qualified health center for a drug on the basis of whether:

(3)(a) the drug is a 340B drug; or
(3)(b) the pharmacy is a 340B entity.
(4) Subsection (3) does not apply to a drug reimbursed, directly or indirectly, by the Medicaid program.
(5) An insurer or an insurer's pharmacy service entity may not:

(5)(a) on the basis that a federally qualified health center participates, directly or through a contractual arrangement, in the 340B drug discount program:
(5)(a)(i) assess a fee, charge-back, or other adjustment on a federally qualified health center;
(5)(a)(ii) restrict access to the insurer's pharmacy network;
(5)(a)(iii) require the federally qualified health center to enter into a contract with a specific pharmacy to participate in the insurer's pharmacy network;
(5)(a)(iv) create a restriction or an additional charge on a patient who chooses to receive drugs from a federally qualified health center; or
(5)(a)(v) create any additional requirements or restrictions on the federally qualified health center; or
(5)(b) require a claim for a drug to include a modifier to indicate that the drug is a 340B drug unless the claim is for payment, directly or indirectly, by the Medicaid program.