# 119-s-5244: SUSTAIN 340B Act 119-s-5244, SUSTAIN 340B Act, is a 119th Congress bill sponsored by Sen. Moran, Jerry [R-KS] (R-KS); status introduced; PRIA reads it as touching household money (as of 2026-08-22). - Canonical: https://policyrisk.com/legislation/119-s-5244 - As of: 2026-08-22 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: 119-s-5244 - Congress: 119 - Title: SUSTAIN 340B Act - Status: introduced - Introduced: 2026-08-05 - Sponsor: Sen. Moran, Jerry [R-KS] (R-KS) - Cosponsors: 5 - Policy area: Health - Touches household money: yes - Last recorded action: 2026-08-22 ## Summary **Strengthens transparency and integrity of the 340B drug discount program.** It tightens rules for contract pharmacies and child sites, creates a national data clearinghouse to prevent duplicate discounts, expands audits and reporting, and sets up a user fee to fund administration. - Covered entities and hospitals must register and annually recertify contract‑pharmacy arrangements, keep auditable records for at least 3 years, disclose contract‑pharmacy locations and dispensing data, meet stricter child‑site integration tests, and file annual reports on prescriptions, payer mix, and how 340B savings are used. - Drug manufacturers must offer drugs at or below the 340B ceiling price regardless of dispensing route, may not refuse delivery or impose restrictive conditions, and manufacturers face new audit limits that require credible allegations, good‑faith outreach, and a 30‑day resolution period before auditing. - A new independent 340B data clearinghouse will collect claims‑level data to detect duplicate discounts and support repayments, allow aggregated submissions for lowest‑volume entities, and must be contracted within 1 year of enactment. *Funds administration mainly through a new quarterly user fee starting in FY2031 with a $50 million base and authorizes additional appropriations including $3 million and $9 million per year for audits and implementation in FY2027–2031.* ## Cosponsors (5) - Sen. Baldwin, Tammy [D-WI] (D-WI), 2026-08-05T00:00:00.000Z - Sen. Capito, Shelley Moore [R-WV] (R-WV), 2026-08-05T00:00:00.000Z - Sen. Kaine, Tim [D-VA] (D-VA), 2026-08-05T00:00:00.000Z - Sen. Boozman, John [R-AR] (R-AR), 2026-08-05T00:00:00.000Z - Sen. Hickenlooper, John W. [D-CO] (D-CO), 2026-08-05T00:00:00.000Z ## Provisions PRIA read - Ban on PBM and Plan Discrimination: benefit, medium. If enacted, group health plans, insurers, and PBMs could not treat 340B hospitals or pharmacies worse than other providers. They could not pay less, add special fees or clawbacks, block 340B pharmacies from networks, or deny coverage because a drug was bought under 340B. Violations could trigger ci… - New User Fees and Oversight Funding: cost, medium. If enacted, a user-fee program would begin in fiscal year 2031 to pay for 340B administration and integrity. Total user fees would be $50 million in FY2031, with later years adjusted by the Washington, D.C. area CPI. Fees would be split among covered entities based on each entity's share of outpati… - Who Counts as a 340B Patient: mixed, medium. If enacted, a 340B patient would be someone who got an outpatient health service from the covered entity within the past two years and whose medical record documents the prescription. Covered entities would keep those records at least three years. The bill would let entities provide 340B drugs for… - Stronger Audits, Penalties, and Limits: mixed, medium. If enacted, the Secretary would expand standardized audits and oversight of the 340B program. Patient-status records would be audited at least every three years and more often for high‑risk or high‑volume entities. Manufacturers would need to provide written notice and 30 days to resolve credible a… - Tighter Rules for Child Sites: mixed, medium. If enacted, covered entities would have to register and annually recertify any wholly owned 'child site' and keep auditable records at least three years. Child sites must be clinically and financially integrated and follow the covered entity's financial assistance policy. Newly acquired sites that… - A National Clearinghouse to Stop Duplicates: mixed, medium. If enacted, HHS would hire an independent clearinghouse operator within one year to collect claims-level Medicaid rebate data and covered-entity claims. The clearinghouse would check for duplicate Medicaid rebates and 340B discounts, notify stakeholders, and help calculate user fees. It could requi… - Act Effective Date: mixed, low. If enacted, the Act and its amendments would take effect on the date it is signed. That start date would trigger the timelines and rules in the bill. - New Rules for Contract Pharmacies: mixed, low. If enacted, covered entities would have to register and recertify each contract pharmacy every year and send each written contract to HHS before dispensing begins. Entities would have to cancel contracts with pharmacies that did not dispense 340B drugs in the prior 12 months, subject to narrow exce… - Registering and Reporting for 340B: mixed, low. If enacted, covered entities would have to register and stay listed in the 340B system to participate. They would need to submit yearly reports about patients, prescriptions, charity care, and a CEO/CFO/COO attestation about how 340B savings are used. HHS would publish reported data within 90 days… ## Related bills - 119-s-5526: Agricultural Act of 2026 - 119-s-4744: Take Care of America’s Veterans Act - 119-s-1241: Sanctioning Russia Act of 2025 - 119-s-1816: Improving Seniors’ Timely Access to Care Act of 2025 - 119-s-2903: Safe Step Act - 119-s-1032: Major Richard Star Act ## Sources - [119-s-5244 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/5244) ## Related - [119-s-5526: Agricultural Act of 2026](https://policyrisk.com/legislation/119-s-5526) - [119-s-4744: Take Care of America’s Veterans Act](https://policyrisk.com/legislation/119-s-4744) - [119-s-1241: Sanctioning Russia Act of 2025](https://policyrisk.com/legislation/119-s-1241) - [119-s-1816: Improving Seniors’ Timely Access to Care Act of 2025](https://policyrisk.com/legislation/119-s-1816) - [119-s-2903: Safe Step Act](https://policyrisk.com/legislation/119-s-2903) - [119-s-1032: Major Richard Star Act](https://policyrisk.com/legislation/119-s-1032) - [All bills in Congress](https://policyrisk.com/legislation) Source: PRIA, https://policyrisk.com/legislation/119-s-5244 (as of 2026-08-22).