Is There a Loophole That Might Let CMS Keep Paying Some Hospital Departments ASP Minus 22.5% for 340B Drugs?

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Lawyers say there might be a way for CMS to keep paying ASP minus 22.5% for 340B drugs at some hospital outpatient departments, but they don't think the agency will use it.

There could be a loophole in Tuesday’s Medicare hospital outpatient payment final rule for 2023 that lets the government keep paying hospitals for 340B-acquired drugs at average sales price minus 22.5% at some hospital offsite locations, healthcare lawyers said yesterday.

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Top 20 Moments in 340B’s History

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To mark 340B's 30th anniversary, 340B Report Publisher and CEO Ted Slafsky devoted his latest column for Omnicell to the top 20 moments in the program's history.

Friday is the 340B program’s 30th anniversary. To mark this milestone, 340B Report Publisher and CEO Ted Slafsky devotes his latest column for Omnicell to a remembrance of 20 key moments “that have had the greatest impact on this very

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Breaking News

CMS Says It Will Announce Sometime Next Year How it Will Repay 340B Hospitals for Five Years of Illegal Drug Reimbursement Cuts

CMS building
CMS said late this afternoon it will put off until next year its decision on how it will comply with a U.S. Supreme Court decision striking down five years of drug reimbursement cuts for 340B hospitals.

The U.S. Centers for Medicare & Medicaid Services said late this afternoon that it will address how it will remedy five years of illegal Medicare Part B underpayments to hospitals for 340B purchased drugs “in future rulemaking,” rather than in

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HRSA for Now Will Not Seek More Info from 340B Providers About Ownership of Onsite Pharmacies

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HRSA for now has set aside a proposed change to its 340B program forms that RWC-340B warned might lead to covered entities losing access to 340B pricing under some drug manufacturers’ contract pharmacy restrictions.

The U.S. Health Resources and Services Administration, for now at least, is setting aside a proposed change to 340B program forms that a provider group warned might lead to covered entities losing access to 340B pricing under some drug manufacturers’

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Feds and S.C. Health Center Spar Over Center’s Access to Government Info in its 340B Patient Definition Case

Genesis Health Care building and signage
Genesis Health Care's proposed 340B patient definition would remove all limits on dispensing 340B drugs, HHS and HRSA told a federal district judge.

A South Carolina health center and the federal government are sparring over whether the center should have access to more information from the government than it already possesses in its fight to clarify the 340B patient definition.

Oct. 26 court

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HHS Official Under Trump Calls for “Honest Conversation” About 340B at it Reaches Age 30

John O'Brien headshot
John O'Brien, architect of ex-President Trump's drug pricing blueprint, calls for more 340B transparency in a commentary for STAT.

Getting 340B pharmacy data to study trends and public health impacts “is like trying to catch a will-o’-the-wisp,” a former senior Trump administration health care official said in a commentary last week in the life sciences news publication STAT.

“The

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Breaking News

Appeals Court Questions Yet Again if it Has Jurisdiction Over Lilly’s 340B Contract Pharmacy Case

Screenshot of 7th Circuit Court Chief Judge Frank Easterbrook on C-SPAN2
Federal appeals court Judge Frank Easterbrook is pictured during an appearance on C-SPAN in 2013. Easterbrook during a court hearing today questioned whether a closely watched 340B contract pharmacy case was ripe for appellate review.

A federal appeals court judge in Chicago expressed doubt during a hearing this morning that the court can review a lower court decision in drug manufacturer Eli Lilly’s 340B contract pharmacy lawsuit.

Judge Frank Easterbrook, the senior judge on the

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Second of Three U.S. Appeals Court Hearings on 340B Contract Pharmacy Is Set for Monday

US Appeals Court Seventh Circuit court room
Oral arguments are scheduled for this Monday at the federal appeals court in Chicago over Lilly's 340B contract pharmacy restrictions.

Now that a federal appeals court in Washington, D.C., has heard arguments in Novartis and United Therapeutics’ 340B contract pharmacy lawsuits, the scene shifts to Chicago, where an appeals court will hear arguments Monday morning in Eli Lilly’s companion case.

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News Alert

Federal Appellate Judges Ask Lawyers, What is a Bona Fide Offer of 340B Pricing?

Screenshot of Judge Gregory Katsas speaking on C-SPAN
Judge Gregory Katsas is on a three-judge panel that will decide the legality of HRSA's 340B program violation letters to Novartis and United Therapeutics. He is shown here speaking at an October 2021 symposium on U.S. Supreme Court Justice Clarence Thomas, for whom he clerked. | C-SPAN

Two of three judges on a federal appeals court panel yesterday repeatedly asked lawyers during a highly anticipated hearing in Washington, D.C., what standard the court should use to decide whether drug manufacturers’ 340B contract pharmacy conditions are legal.

The

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Feds in Mediation with Tenn. Health System that Allegedly Paid for Referrals to Boost 340B Profits

Methodist Le Bonheur Healthcare building
Methodist Le Bonheur Healthcare and the federal government have settled a 340B-related False Claims Act suit against the system.

The federal government and a Tennessee health system are meeting with a mediator in connection with a whistleblower lawsuit that alleges that the system paid Memphis-area cancer physicians for referrals that generated $50 million in profits in one year alone

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