Senate Bill 1481 Printer's Number 1965
PENNSYLVANIA, September 25 - of a pharmacy benefit manager or covered insurer, including a
Medicaid managed care organization, to conduct business in
this Commonwealth if a violation under section 3 or 5 is not
rectified within 30 days of the date when the written notice
is sent to the pharmacy benefit manager or covered insurer
under subsection (b).
(2) The Office of Attorney General may seek appropriate
relief to prohibit a manufacturer, or an agent or affiliate
of a manufacturer, from conducting business in this
Commonwealth if a violation under section 6 is not rectified
within 30 days of the date when the written notice is sent to
the manufacturer, or an agent or affiliate of the
manufacturer, under subsection (b).
(d) Contracts.--A contract term in a contract entered into
on or after the effective date of this subsection that violates
section 3 or 5 shall be null and void.
(e) Injunctive relief.--A covered entity or contract
pharmacy may immediately seek injunctive relief in Commonwealth
Court to enforce the provisions of this act.
Section 8. Rebuttable presumption.
(a) Establishment.--If a covered entity or contract pharmacy
establishes that a 340B drug, claim for a 340B drug, covered
entity or contract pharmacy was subject to a reimbursement rate,
term, condition, restriction or other treatment that differs
from the reimbursement rate, term, condition, restriction or
treatment applicable to the same drug when not purchased under
the 340B program, a claim for the same drug when not purchased
under the 340B program or a similarly situated entity or
pharmacy that does not participate in the 340B program, there
shall be a rebuttable presumption that the difference in
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