Does the statute change require a covered entity to provide 340B drugs to Medi-Cal beneficiaries that are not “patients” of the covered entity?
No. The 340B program has specific rules that allow an entity to provide 340B purchased drugs only to individuals who are considered “patients” of the entity. As noted on the OPA website: In summary, an individual is a “patient” of a covered entity (with the exception of State-operated or a funded Acquired Immune Deficiency Syndrome [AIDS] drugpurchasing assistance programs) only if: • The covered entity has established a relationship with the individual, such that the covered entity maintains records of the individual’s health care, and; • The individual receives health care services from a health care professional who is either employed by the covered entity or provides health care under contractual or other arrangements (e.g. referral for consultation) such that responsibility for the care provided remains with the covered entity, and; • The individual receives a health care service or range of services from the covered entity which is consistent with the service or range of services
