Viatris Providing Credits Due to Problem that Made 340B Pricing Unavailable in August

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Viatris says it will give credits for drug purchases at higher than 340B ceiling price during early August, when a problem during a system transition made 340B prices unavailable to some entities.

Drug manufacturer Viatris will give 340B covered entities credits on requests for purchases of dozens of NDCs at higher than 340B ceiling price during the first 11 days of August, the company says in a notice on the U.S. Health

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Private Oncologist Group-Funded Study Models Effects of Using CMS’s Controversial 2020 340B Hospital Drug Cost Survey

Screenshot of Avalere web page
A new study models what would happened in 2023 if Medicare paid 340B hospitals for physician administered drugs based on a survey of those hospitals’ drug acquisition costs taken during the COVID pandemic’s darkest days in 2020.

Private practice oncologists have paid for a study to model what would happened in 2023 if Medicare paid 340B hospitals for physician administered drugs based on a survey of those hospitals’ drug acquisition costs taken during the COVID pandemic’s darkest

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Breaking: Congress Wants HRSA Briefing on Action to Safeguard 340B Entities’ “Lawful Access to Discounted Drugs”

Senate Appropriations committee room
The U.S. Senate Appropriations Committee released an omnibus FY 2023 spending bill late yesterday with report language requesting a HRSA briefing on its actions to safeguard providers' access to 340B drug discounts.

U.S. House and Senate appropriations committees want federal healthcare officials to brief them by April “on actions taken to safeguard covered entities’ lawful access to discounted drugs” under the 340B program.

The directive to the Health Resources and Services Administration

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Amgen Sues HHS in Defense of the Company’s 340B Contract Pharmacy Restrictions

Amgen wordmark on building
Amgen yesterday sued HHS and HRSA in defense of its conditions on 340B pricing when hospitals use contract pharmacies.

Biopharmaceutical manufacturer Amgen yesterday became the 10th drug manufacturer to sue the federal government over the government’s position that the 340B statute requires drug companies to provide 340B-priced drugs to multiple contract pharmacies without conditions.

California-based Amgen filed suit

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Merck Providing Refunds for 340B Overcharges During Q4 2019, Q3 2021, and Q2 2022

Merck wordmark on company building
Merck is providing refunds for 340B overcharges during Q4 2019, Q3 2021, and Q2 2022.

Drug manufacturer Merck is providing refunds for charges above 340B ceiling prices on 23 NDCs purchased during Q4 2019, Q3 2021, and Q2 2022.

The U.S. Health Resources and Services Administration posted Merck’s Nov. 21 notice about the repayments on

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340B Report Analysis: Federal 340B Law Gives States Room to Regulate their Own Drug Distribution Systems, Judge Rules in Arkansas Contract Pharmacy Case

U.S. District Court Little Rock, AR court room
A federal judge in Little Rock, Ark., held that the state's novel 340B anti-discrimination law is not preempted by federal laws.

As we reported on deadline on Tuesday, a federal district court ruled this week that Arkansas’ novel 340B antidiscrimination law is not preempted by federal laws governing the 340B program, a decision that strikes down one of two legal arguments

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117th Congress Nears End With No 340B Contract Pharmacy Fix Expected

U.S. Capitol building at sunrise
Congress is on track to end its current session next week without addressing drug manufacturers’ denials of 340B pricing when covered entities contract with outside pharmacies.

The 117th Congress appears destined to end without further action on the 340B program.

The House and Senate are on track to finish all work for the year by no later than Friday, Dec. 23. According to news reports yesterday,

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340B Registration for First Quarter of 2023 Will Run from Jan. 1 to Jan. 17

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The first quarter 2023 registration period for covered entity enrollment in 340B will begin Jan. 1 and end Jan. 17.

The U.S. Health Resources and Services Administration has slightly adjusted the dates of the first of four periods in 2023 during which eligible entities may register themselves, their child sites, and their contract pharmacies to participate in the 340B program.

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Breaking: Federal Law Doesn’t Preempt Arkansas’s Novel 340B Contract Pharmacy Law, Judge Rules

Arkansas Insurance Department office sign
The Arkansas Insurance Department will imminently enforce a state 340B contract pharmacy law following a key federal appeals court decision.

A federal district judge ruled yesterday that Arkansas’s novel 340B anti-discrimination law is not preempted by the 340B statute nor by the U.S. Food and Drug Administration’s Risk Evaluation and Mitigation Strategies requirements.

U.S. Senior District Judge Billy Roy Wilson’s

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340B’s Critics Often Misunderstand its Intent, Ex-House E&C Chair Waxman Says in Health Affairs Commentary

Henry Waxman headshot
Ex-U.S. Rep. Henry Waxman (D-Calif.) says in a Health Affairs commentary that criticism of the drug discount program often “reflect[s] a misunderstanding of Congress’ intent.”

Henry Waxman, a California Democrat who was one of the original sponsors of the 340B law when it was created in 1992, says in a commentary in Health Affairs that criticism of the drug discount program often “reflect[s] a misunderstanding

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