This bill prohibits healthcare providers from using savings obtained through the 340B drug pricing program to fund sex reassignment surgeries or hormone treatments for transgender individuals.
Dusty Johnson
Representative
SD
The No 340B Savings for Transgender Care Act prohibits healthcare providers participating in the 340B drug pricing program from using their savings to pay for sex reassignment surgeries or hormone treatments for transgender individuals. This legislation specifically restricts the use of discounted outpatient drug savings for gender transition-related medical services.
The aptly named “No 340B Savings for Transgender Care Act” is a short, sharp piece of legislation that targets how certain healthcare providers can spend their money. Specifically, it prevents organizations that receive deep discounts on medications through the federal 340B drug pricing program—often safety-net hospitals and clinics—from using those cost savings to fund specific medical services for transgender individuals.
First, a quick explainer: The 340B program is a federal initiative requiring drug manufacturers to provide discounted outpatient drugs to certain healthcare organizations, known as “covered entities.” These entities, which include community health centers, critical access hospitals, and specialized clinics, are supposed to use the savings generated from these discounts to stretch their resources and provide more comprehensive care to vulnerable or low-income populations. Think of it as a financial lifeline for providers who serve the people who need healthcare the most.
Section 2 of this Act creates a hard-stop restriction on how these 340B savings can be allocated. The bill states that a covered entity cannot use the money saved through the discounted drug prices to pay for two specific types of care when provided for gender alteration for transgender individuals: sex reassignment surgeries and hormone treatments.
This isn't about whether the care is covered by insurance or paid for by the patient; it's about the provider's internal finances. If a community clinic saves $10,000 this month on insulin and asthma medications through 340B discounts, they can use that $10,000 to hire a new nurse, buy a new ultrasound machine, or fund a diabetes education program. But if this bill passes, they absolutely cannot use any portion of that $10,000 to subsidize the cost of hormone therapy or surgery for a transgender patient seeking gender-affirming care.
For covered entities, this bill means reduced flexibility in how they manage their budgets. These organizations often operate on thin margins, and 340B savings are crucial for funding services that aren't easily reimbursed. By explicitly cutting off one area of care from this funding stream, the bill essentially forces providers to find other, potentially less reliable, funding sources for transition-related care, or stop offering it altogether.
Consider a rural health center that is the only place within 100 miles offering hormone treatments. If they currently use 340B savings to cover the administrative costs or provide financial assistance for these treatments, this bill could force them to raise patient costs or discontinue the service. For a transgender individual relying on that center for continuous care, this legislation could translate directly into a major gap in access, forcing long-distance travel or interruption of necessary medical treatment. The bill directly targets a specific population and specific medical treatments, potentially limiting access to care within the safety-net system designed to serve vulnerable groups.