MedPAC Is Expected to Make a Policy Recommendation That Could Prompt a Look at 340B Hospital Program Eligibility Criteria

MedPAC wordmark
MedPAC is on track to make a recommendation to Congress that could prompt debate or even action on the 340B program’s use of the Medicare disproportionate share (DSH) patient percentage to determine hospital eligibility.

Congressional Medicare advisers are moving toward recommending what they say is a better way to give extra Medicare funding to safety-net hospitals that disproportionately serve low-income and/or uninsured beneficiaries.

If Congress and the executive branch adopt the proposal, however, it

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Hospital Groups Ask Court Again to Make CMS Promptly Repay 340B Hospitals for Illegally Withheld Medicare Drug Reimbursement

CMS building
National hospital groups asked a federal judge again to order CMS to promptly repay 340B hospitals for illegally reduced Medicare Part B drug payments from 2018 through late September.

National hospital groups, as expected, late last week asked a judge again to order the federal government to promptly repay 340B hospitals for illegally reduced Medicare Part B drug payments from 2018 through late September. They asked the first time

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GSK and Purdue Pharma Announce New Rounds of Refunds for 340B Overcharges

screenshot of drug manufacturers 340B refund notices
GlaxoSmithKline and Purdue Pharma announced refunds for overcharging 340B covered entities, GSK for the fourth time and Purdue for the second time this year.

Drug manufacturers GlaxoSmithKline and Purdue Pharma have announced refunds for overcharging 340B covered entities, GSK for the fourth time and Purdue for the second time this year.

The U.S. Health Resources and Services Administration (HRSA) recently posted the companies’ notices

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

graphic image of red arrow bypassing obstacle
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

graphic image of Top 20 with gold laurel leaves and sparkles
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

Screenshot of HRSA search result for Shipping address
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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