Two hundred and twenty six U.S. House members—173 Democrats and 57 Republicans—have signed a letter to U.S. Health and Human Services (HHS) Acting Secretary Norris Cochran asking him “to take immediate action to ensure that manufacturers are prohibited from imposing unilateral changes to the program in direct conflict with congressional intent and decades of written guidance.” HHS Secretary-designate Xavier Becerra is copied on the letter.
The Feb. 26 letter, which includes the signatures of slightly more than half of the U.S. House, urges Cochran to:
- Begin assessing civil monetary penalties on manufacturers that deny 340B pricing to covered entities in violation of their obligations under the 340B statute
- Require manufacturers to refund covered entities the discounts they have unlawfully withheld since 2020
- Halt, through guidance or other means, any attempt to unilaterally change 340B upfront discounts to post sale rebates
- Immediately seat the 340B Administrative Dispute Resolution Panel to begin processing disputes within the program.
We will report in greater depth on the letter and reaction next week.
