With Party Control of Congress Still Undecided, 340B Providers Lose Some Key Champions but Retain Some Heavy Hitters

Rep. Cathy McMorris Rodgers (R-WA) headshot
Legislation sponsored by Rep. Cathy McMorris Rodgers (R-Wash.) drew a partisan clash at a Sept. 14 hearing over changes it would implement for the 340B program.

Partisan control of Congress for the final two years of President Biden’s term in office was still undecided this morning, two days after Tuesday’s midterm elections.

Major national news organizations say Republicans are favored to take control of the House,

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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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Arkansas and Providers File Briefs Defending State’s Novel 340B Contract Pharmacy Law in Important Fed. Court Case

Arkansas Insurance Department office sign
Arkansas insurance officials and Arkansas 340B providers filed briefs in federal district court defending the state's unique 340B contract pharmacy law.

Arkansas’s unique 340B contract pharmacy law is about drug delivery, not drug pricing, and thus does not conflict with the federal 340B statute, Arkansas state officials and 340B providers said recently in the latest volley in the drug industry’s federal

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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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Hospital Group Blasts CMS for Delaying Redress for Illegal 340B Drug Payments Cuts

AHA office sign
CMS should "promptly reimburse" hospitals for unlawfully withheld 340B drug reimbursement from 2018 to 2022, the AHA says.

The federal government has had “more than adequate time to correct” its unlawful Medicare Part B payment cuts for hospitals’ 340B purchased drugs from 2018 through 2022 and should promptly reimburse the hospitals it harmed, the American Hospital Association said

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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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