HB1993, among other provisions, requires pharmacy benefit managers to comply with the federal 340B Drug Pricing Program.
The Senate passed HB1993 on July 10, 2024, by a vote of 48 to 1. We have assigned pluses to the nays because Section 340B of the Public Health Service Act, which requires pharmaceutical manufacturers participating in Medicaid to sell outpatient drugs at discounted prices, is unconstitutional. Medicaid, along with the U.S. Department of Health and Human Services, is not authorized under Article I, Section 8, of the Constitution, as health care is not the legitimate object of government. Government-subsidized health care or drug pricing, not to mention the “benefits” provided to illegal aliens, is financed by immoral and anti-constitutional forms of taxation (e.g., personal or corporate income taxes). It violates the Bill of Rights and 14th Amendment by taking from citizens the wages they have rightfully earned. The General Assembly should act instead to nullify all unconstitutional federal laws and cease reckless social welfare initiatives.