Blog Posts

Virginia Legislature to Act This Week on Governor’s Amendment to 340B Contract Pharmacy Access Bill

Tracy Douglas, CEO of the Virginia Community Healthcare Association, said she hopes that the Virginia legislature rejects Gov. Glenn Youngkin's (R) changes to a 340B contract pharmacy access bill.
Virginia legislators will soon act on Gov. Glenn Youngkin’s (R) proposed amendment to a 340B contract pharmacy access bill when [...]

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Mississippi Hospitals, Health Centers Applaud Passage of 340B Contract Pharmacy Access Bill

Mississippi provider groups commended Gov. Tate Reeves (R) for signing into law a 340B contract pharmacy access bill.
Advocates for Mississippi hospitals and health centers praised the recent enactment of a law to prohibit drugmaker 340B contract pharmacy [...]

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Guidance on 340B ESP Use and Management

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Since 2020, select drug manufacturers have begun deploying restrictions or limitations on the sale of their products through the 340B program. This has proven to be a marketplace disruptor that has shifted the landscape of the 340B contract pharmacy program, as covered entities have experienced a loss of savings and have had to increasingly rely on entity-owned retail and/or specialty pharmacy operations to help in their mission. The issue of manufacturer restrictions has endured several legal challenges as well with some states, such as Arkansas, Louisiana, West Virginia and Mississippi having measurable success with combating the manufacturer restrictions.

Regardless, manufacturers continue to impose restrictions with the assistance of 340B ESP, a drug industry vendor that facilitates 340B claim management and oversees implementation of drug maker policies.  In many cases, the restrictions made by the manufacturers will be applied to the covered entity for all contract pharmacies unless the covered entity has created

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Tennessee Governor Signs Bill Targeting 340B In-Kind Funding

Tennessee Gov. Bill Lee (R) signed into law a bill requiring STD clinics to enter into contracts with the state to receive 340B in-kind funding.
Tennessee sexually transmitted disease (STD) clinics will need to have contracts in place with the state to receive 340B in-kind [...]

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Appeals Court Judges Press Both AHF, Apexus When Considering Dismissal Appeal

AHF attorney David Gruen and Apexus attorney Karin Bohmholdt recently presented oral arguments before the U.S. 9th Circuit Court of Appeals.
A federal appeals court panel pressed both the AIDS Healthcare Foundation and (AHF) and Apexus, the 340B prime vendor, to [...]

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Humana Seeks Dismissal of Medicare Advantage 340B Underpayment Suit by Health System

Humana has asked a federal district judge to dismiss a health system's lawsuit alleging the company's MA plans underpaid for 340B drugs.
Humana asked a federal judge to dismiss Baptist Health of Alabama’s lawsuit against the company’s Medicare Advantage (MA) plans for [...]

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MedPAC Analysis Estimates Medicare Part B Payments to 340B Hospitals are Significantly Higher than Ceiling Prices

A MedPAC analysis found that Medicare paid 340B hospitals significantly more than the ceiling price for dozens of medications in 2022.
Medicare paid hospitals substantially more—almost $4 billion in aggregate—than the 340B ceiling price costs for dozens of single-source drugs, biologics [...]

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Breaking News

Mississippi Becomes Fourth State to Enact 340B Contract Pharmacy Access Law

Mississippi is the fourth state to prohibit drugmaker 340B contract pharmacy restrictions after Gov. Tate Reeves (R) signed H.B.728 into law.
Mississippi Gov. Tate Reeves (R) signed into law today a bill to bar drugmaker 340B contract pharmacy restrictions and certain [...]

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Conservative Ad Blitz Urges GOP Opposition to 340B, Praises Virginia Governor’s Drug Industry-Friendly Amendment

Building America's Future, a conservative nonprofit, is running an ad campaign asking states to "follow Youngkin's lead" and reject 340B legislation.
After Virginia Gov. Glenn Youngkin (R) amended a bill to delay legislation prohibiting certain drugmaker 340B contract pharmacy restrictions in [...]

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White House Completes Review of Final Rule for 340B Dispute Process, Release Expected Soon

The Department of Health and Human Services is expected to soon release its final 340B administrative dispute resolution rule after the White House completed its final review this week.
After missing its self-imposed deadline of the end of 2023, the White House this week completed its review to implement [...]

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