Rep. Rita Mayfield
Filed: 3/17/2026
 
 

 
 

 
10400HB4065ham001LRB104 13754 BAB 35466 a

1
AMENDMENT TO HOUSE BILL 4065 

2    AMENDMENT NO. ______. Amend House Bill 4065 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the 340B 
5Grantee Contract Pharmacy Access Act.
 
6    Section 5. Definitions. As used in this Act:
7    "340B contract pharmacy" means a pharmacy in Illinois that 
8is under contract with a 340B hospital or 340B grantee to 
9dispense 340B drugs on behalf of the 340B grantee. 
10    "340B drug" means a drug that has been subject to any offer 
11for reduced prices by a pharmaceutical manufacturer pursuant 
12to 42 U.S.C. 256b and is purchased by a 340B hospital or 340B 
13grantee. 
14    "340B grantee" means an entity in Illinois that qualifies 
15as a covered entity under Section 340B of the federal Public 
16Health Service Act, 42 U.S.C. 256b(a)(4)(A)-(K). 
 
 
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1    "340B hospital" means a safety-net hospital in Illinois as 
2defined in subsection (a) of Section 5-5e.1 of the Illinois 
3Public Aid Code that qualifies as a covered entity under 
4Section 340B of the federal Public Health Service Act, 42 
5U.S.C. 256b(a)(4)(L)-(O).
6    "Department" means the Department of Financial and 
7Professional Regulation. 
8    "Person" includes a natural person, partnership, 
9association, corporation, or any other legal business entity, 
10but does not include any federal or State government entity or 
11body. 
12    "Pharmaceutical manufacturer" has the meaning given to the 
13term "manufacturer" in the Wholesale Drug Distribution 
14Licensing Act. 
 
15    Section 10. Use of contract pharmacies. 
16    (a) No person, including a pharmaceutical manufacturer, 
17may deny, restrict, or otherwise limit the acquisition of a 
18340B drug by a 340B grantee, 340B hospital, or a 340B contract 
19pharmacy authorized to receive 340B drugs on behalf of the 
20340B grantee or 340B hospital unless the receipt is prohibited 
21by federal law. 
22    (b) This Section only applies to a 340B drug dispensed by a 
23340B hospital or 340B grantee to a patient with a household 
24income of less than 200% of the poverty guidelines updated 
25periodically in the Federal Register by the United States 
 
 
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1Department of Health and Human Services under the authority of 
242 U.S.C. 9902(2) who was treated within the last 12 months by 
3a health care professional who is an employee or independent 
4contractor of the 340B grantee or 340B hospital.
 
5    Section 15. Enforcement. The Department is authorized to 
6enforce this Act and investigate possible violations of this 
7Act by any person, including a pharmaceutical manufacturer.
 
8    Section 20. Preemption. 
9    (a) Nothing in this Act shall be construed or applied to be 
10less restrictive than federal law for a person regulated by 
11this Act.
12    (b) Nothing in this Act shall be construed or applied in a 
13manner that would conflict with: 
14        (1) applicable federal law; or 
15        (2) other laws of this State if the State law is 
16    compatible with applicable federal law.
17    (c) Limited distribution of a drug required under 21 
18U.S.C. 355-1 shall not be construed as a violation of this Act.
 
19    Section 97. Severability. The provisions of this Act are 
20severable under Section 1.31 of the Statute on Statutes.
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.".