(1) As used in this section:
(a) “Covered entity” has the meaning given that term in 42 U.S.C. 256b(a)(4).
(b) “Manufacturer” has the meaning given that term in ORS 646A.689.
(c) “340B drug” means a drug that has been subject to an offer of a reduced price by a manufacturer pursuant to 42 U.S.C. 256b and is purchased by a covered entity.
(d) “Utilization review” has the meaning given that term in ORS 743B.001.
(2) A manufacturer or third party on behalf of a manufacturer may not:
(a) Deny, restrict, prohibit or otherwise interfere directly or indirectly with the acquisition of a 340B drug by, delivery of a 340B drug to or dispensation of a 340B drug by a pharmacy that has contracted with a covered entity to receive and dispense 340B drugs on behalf of the covered entity in this state unless the acquisition, delivery or dispensation is prohibited by the United States Department of Health and Human Services.
(b) Require, either directly or indirectly, a covered entity to submit a claim or utilization review data as a condition for the acquisition of a 340B drug by, delivery of a 340B drug to or dispensation of a 340B drug by a pharmacy that has contracted with a covered entity to receive and dispense 340B drugs on behalf of the covered entity in this state unless the claims or utilization review data submission is required by the United States Department of Health and Human Services.