Mar 25, 2025
Why Patients Are Opposed to Nebraska’s LB 168
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Patients are speaking out against a proposal that would boost revenues for large hospital corporations and out-of-state pharmacy chains at the expense of the most vulnerable patients in Nebraska.

“LB 168 will lock in a major revenue generator for big healthcare corporations and lock out patients from receiving any 340B savings,” explains Terry Wilcox, Co-Founder & Chief Mission Officer at Patients Rising. “Unfortunately, LB 168 moves Nebraska in the wrong direction, away from real 340B reform.”

Legislative Bill 168, (Hardin) is being pushed by big healthcare corporations to protect their revenue from the federal 340B Drug Pricing Program. Created by Congress in 1992, the 340B Program was intended to provide vulnerable patients and rural communities with access to discounted medications through local hospitals. Now, the program has become a way for big coporations to profit off patients.

Here’s why patients are urging Nebraska lawmakers to vote No on LB168.

1. LB 168 Locks in Profits for Big Healthcare Corporations, Not Patients

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Under the 340B program, hospitals can purchase drugs at steep discounts. Too often, hospitals resell these medications at massive markups and pocket the difference. Patients end up paying full price for a medication. LB 168 does nothing to stop this exploitation. Instead, it locks in this revenue stream for big hospitals and corporate pharmacy chains, leaving patients out in the cold.

2. No Charity Care Requirements for Vulnerable Patients

Nebraska’s 340B hospitals already lag behind the national average in providing charity care. According to the Pioneer Institute, less than 1% of these hospitals’ revenues go toward helping underserved patients. LB 168 fails to mandate charity care, neglecting the urgent needs of our most vulnerable populations and allowing hospitals to profit without giving back. Without a charity care requirement, LB 168 neglects an urgent need to support our most vulnerable populations.

3. No Accountability for Hospitals

Nebraska ranks near the bottom in nonprofit hospital accountability. According to a national evaluation by the Cicero Institute, nonprofit hospitals in Nebraska  score a dismal 2 out of 10 when it comes to transparency and accountability. The state lacks transparency requirements, mandated community benefit spending, and penalties for noncompliance. Unlike states with stronger laws, Nebraska relies on minimal federal guidelines, letting tax-exempt hospitals off the hook without proving they benefit their communities. LB 168 prevents greater transparency on how nonprofit hospitals are exploiting the 340B program.

Shouldn’t every patient have a right to know if their hospital received a 340b discount on their medication?

4. Ignoring Rural and Low-Income Communities

The 340B program should prioritize health access for rural and low-income areas. Shockingly, 68% of Nebraska’s 340B pharmacies meant to serve “low-income” patients are located in affluent neighborhoods. This bill encourages hospitals to ignore the communities that need them most, further widening healthcare disparities.

5. Higher Costs for Insured Patients

LB 168 affects all patients, not just those that participate in the 340B program. A 2025 IQVIA analysis revealed that insured Nebraskans are already paying an extra $92 per person annually due to the unchecked 340B program. That comes out to $92 million in higher insurance costs statewide every year. If LB 168 passes, patients and employers can expect to add another $27 per beneficiary per year. That’s money out of our pockets that pads corporate profits.

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Based on comparable figures from other states, the Council for Citizens Against Government Waste estimates that LB 168 could cost taxpayers $1.9 million in higher ongoing health care costs for public employee health care.

Patients Deserve Better: A Call for Real 340B Reform

Patients deserve transparency, accountability, and affordability—not a system that lets hospitals and out-of-state pharmacy chains profit off programs meant to help. LB 168 isn’t the answer. It’s a step backwards. Patients urge Nebraska lawmakers to support legislation that:

  • Demands Transparency: Requires hospitals to report all 340B profits and provide clear accounting of how these funds support patients.
  • Invests in Underserved Communities: Mandates that 340B funds support local patient care programs for the most vulnerable in their own communities.
  • Protects Patients’ Rights: Ensures patients know if they’re receiving a 340B drug and what their hospital paid for it.

Say NO to LB 168

Nebraska’s patients need real reforms that bring accountability and transparency to the 340B program—not a bill that boosts revenues for large hospital corporations at the expense of our most vulnerable.

Join us in urging Nebraska lawmakers to vote NO on LB 168 and prioritize the people who matter most: the patients.