In Taking Up 340B Case, Supreme Court Could Reverse Longstanding Legal Doctrine

340B hospital challenge to Medicare Part B reimbursement could reverse long-standing legal doctrine.

The U.S. Supreme Court’s decision to take up a case involving steep Medicare Part B payment cuts to 340B hospital-operated outpatient sites took many legal experts by surprise. However, attorneys that 340B Report conferred with believe the court will be

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Medicare Part B Payment Challenge Not Only Supreme Court Case That Will Impact 340B Program

340B hospitals’ Medicare Part B payment challenge is not the only Supreme Court case next term that will impact the 340B program.

In addition to agreeing to review 340B hospitals’ four-year challenge to deep Medicare Part B cuts, the U.S. Supreme Court said last week that it will take up a case that could impact the calculation used to determine hospital eligibility

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Breaking News

BREAKING: Supreme Court Will Take Up Case Involving Medicare Part B Cuts to 340B Hospitals

The U.S. Supreme Court this morning agreed to take up a case regarding Medicare Part B cuts to 340B hospitals. | Shutterstock

The U.S. Supreme Court this morning agreed to review a federal appeals court’s July 2020 ruling upholding a nearly 30% reduction in Medicare Part B drug reimbursement for hospitals’ 340B-purchased drugs.

The court’s decision to hear American Hospital Association (AHA)

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Breaking News

Boehringer Ingelheim Will Stop Shipping 340B Drugs to Hospitals’ Contract Pharmacies on Aug. 1

Hospitals call Boehringer Ingelheim’s contract pharmacy plans “appalling” while company calls for “substantial reform” of the 340B program.

Drug manufacturer Boehringer Ingelheim (BI) announced yesterday that it will stop shipping 340B-purchased drugs to hospitals’ contract pharmacies, effective Aug. 1.

Community health centers, HIV/AIDS clinics, and other federal grantee covered entities are exempt from BI’s new policy. It applies

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Breaking News

Judge Rejects Government’s Contention that AstraZeneca’s 340B Lawsuit Is Moot

A federal judge yesterday, acting in a lawsuit filed by AstraZeneca, vacated HHS's December 2020 advisory opinion that the 340B statute compels drug manufacturers to offer 340B pricing when covered entities use contract pharmacies to dispense covered drugs to patients.

A federal district judge in Delaware yesterday rejected the U.S. Health and Human Services Department’s (HHS) position that its withdrawal of its December 2020 advisory opinion on 340B contract pharmacy rendered drug manufacturer AstraZeneca’s claims against the opinion moot.

In

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Hospitals File New Suit To Reverse Steep Part B Payment Cuts for 340B Drugs

More than 150 hospitals have sued HHS to reverse CMS's steep payment cut for 340B-purchased drugs covered under Medicare Part B. | Shutterstock

More than 150 hospitals have sued the U.S. Department of Health and Human Services (HHS) in the latest attempt by providers to end steep cuts in 340B reimbursement at their off-campus outpatient sites.

Filed in district court in Washington, D.C.,

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Pfizer Invokes 340B Contract Pharmacy Ruling in its Lawsuit Over Copay Assistance

Pfizer has cited a federal judge’s opinion in AstraZeneca’s 340B contract pharmacy lawsuit in Pfizer’s own lawsuit aimed at striking down federal restrictions on manufacturer copay assistance to Medicare beneficiaries

Drug manufacturer Pfizer last week cited a federal judge’s June 16 opinion in AstraZeneca’s 340B contract pharmacy lawsuit in Pfizer’s own lawsuit aimed at striking down federal restrictions on manufacturer copay assistance to Medicare beneficiaries.

Pfizer sued the U.S. Health

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16 States Have Passed Laws Since 2019 Targeting PBMs’ 340B Payment Cuts

Drug reimbursement
A new tally of state laws and a new white paper are the latest signs of states' growing role in policing PBM efforts to ratchet down reimbursement for 340B-purchased drugs. | Shutterstock

Sixteen states have passed laws since 2019 addressing pharmacy benefit manager (PBM) discrimination against 340B covered entities, according to a draft summary of state action on the subject circulating among community health center advocates.

Meanwhile, two longtime 340B program policy

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HRSA Makes Tweaks to 340B Program Database

HRSA yesterday announced changes to the covered entity registration and manufacturer pricing components of 340B OPAIS, the 340B program database.

The U.S. Health Resources and Services Administration (HRSA) Office of Pharmacy Affairs (OPA) posted a notice yesterday about changes to the covered entity registration and manufacturer pricing components of 340B OPAIS, the 340B program database.

Today is the first day

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Three Drug Makers Answer HRSA’s 340B Contract Pharmacy Letters Defiantly

Lilly, Novartis, and Sanofi sent HRSA defiant responses to its May 17 letters telling the companies that their 340B contract pharmacy policies were illegal.

On May 17, the federal government told six drug companies that their 340B contract pharmacy policies were illegal, and it asked them to provide updates by June 1 on their plans to comply with the law.

At least three of

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