Eshoo and Castor Will Be Top Democrats on House E&C Subcommittees Involved in 340B

U.S. Rep. Anna Eshoo (D-CA) pictured at House Energy & Commerce committee meeting
U.S. House Energy & Commerce health subcommittee ranking Democrat Anna Eshoo (Calif.) spoke this morning during the full committee's initial organization meeting of the 118th Congress.

U.S. House Energy & Commerce Committee Democrats have announced their leaders and members of two subcommittees expected to act on 340B matters this session.

Republicans announced the subcommittees’ chairs and GOP members last week. The Republicans have a narrow

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340B Report Publisher and CEO Slafsky: Three 340B Observations for 2023

U.S. Capitol with U.S flag
Expect the 340B program to be get signficant attention at the federal and state level this year, 340B Report Publisher and CEO Ted Slafsky says.

In his inaugural column for Verity Solutions, 340B Report Publisher and CEO Ted Slafsky offers insights “on what to expect in Washington, D.C., and the states in 2023 when it comes to the 340B program.”

Slafsky in the column makes

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Breaking News

Third Circuit Court Rules for Drugmakers in 340B Contract Pharmacy Cases

Interior of Third Circuit Court courtroom
A federal appeals court ruled today that the 340B statute does not compel drug manufacturers to deliver 340B-purchased drugs "wherever and to whomever a buyer demands."

A federal appeals court in Philadelphia ruled 3-0 this morning that “Congress never said that drug makers must deliver discounted Section 340B drugs to an unlimited number of contract pharmacies.”

“By trying to enforce that supposed requirement, the government overstepped

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Guthrie and Griffith, as Expected, Will Helm House E&C Subcommittees Involved in 340B

U.S. Rep. Brett Guthrie (R-KY) and Rep. Morgan Griffith (R-VA) headshots
U.S. Rep. Brett Guthrie (left) (R-Ky.) will chair the Energy & Commerce Subcommittee on Health and Rep. Morgan Griffith (R-Va.) the Subcommittee on Oversight and Investigations.

U.S. House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) yesterday as expected announced that Rep. Brett Guthrie (R-Ky.) will chair the Subcommittee on Health and Rep. Morgan Griffith (R-Va.) the Subcommittee on Oversight and Investigations.

Guthrie said

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House GOP Bill Would Stop Additional Hospitals and Child Sites from 340B Enrollment and Make it Harder for Current Hospitals to Remain Eligible

U.S. Rep. Matt Rosendale (R-MT)
U.S. Rep. Matt Rosendale (R-Mont.) has reintroduced a bill to put a moratorium on 340B hospital growth, impose 340B reporting requirements on hospitals, and make it harder for private nonprofit hospitals to stay in 340B.

A new U.S. House bill would put a moratorium on 340B hospital growth and impose a host of reporting requirements on 340B hospitals. It would also make it much harder for private nonprofit hospitals to remain in the 340B program.

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U.S. House Leaders Agree on Committee Ratios: Energy & Commerce Gets to Work 

Screenshot of Energy and Commerce welcome splash screen
The composition of the House Energy & Commerce Committee in this Congress is clear now that party leaders have agreed on committee sizes and ratios.

U.S. House Speaker Kevin McCarthy (R-Calif.) and Minority Leader Hakeem Jeffries (D-N.Y.) have reached an agreement on the balance of power in committees during this Congress and are expected to formally assign members to committees as soon as this week.

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Astellas Notifies 340B Entities About Antifungal’s Updated NDC

Astellas wordmark on building
Astellas says the old and new NDCs for its antifungal drug Cresemba are interchangeable in compliant 340B inventory replenishment models.

Drug manufacturer Astellas will let 340B covered entities using “a compliant 340B inventory replenishment model” count accumulations of its antifungal Cresemba under its old National Drug Code toward replenishment of equal quantities under the product’s corresponding new NDC, the company

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MedPAC Votes to Recommend Ditching Medicare DSH Patient Percentage for Medicare Purposes

MedPAC wordmark
MedPAC thinks CMS should stop using the Medicare DSH patient percentage for Medicare purposes. The 340B program uses the DSH calculation for hospital eligibility purposes.

The Medicare Payment Advisory Commission, as expected, has voted to recommend that Congress should start phasing in a new way of distributing extra Medicare payments to safety net hospitals that disproportionately serve low-income and/or uninsured beneficiaries.

The proposal that

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Ryan White Clinics for 340B Access Is Dropping its 340B Dispute Resolution Lawsuit

RWC-340B wordmark
RWC-340B is dropping is lawsuit that helped prod HRSA to issue long-delayed 340B dispute resolution rules.

Ryan White Clinics for 340B Access is dropping its lawsuit that, together with a related case, led federal health officials to issue long-delayed dispute resolution rules for the 340B program in December 2020.

RWC-340B, five co-plaintiff 340B covered entities, and

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Federal Court Seals HRSA’s Records in Health Center’s 340B Patient Definition Lawsuit

Genesis Health care facility and signage
The Biden administration will not appeal a high-profile November federal court ruling on the 340B patient definition.

A federal district court in South Carolina yesterday sealed the federal government’s records of the audit, expulsion, and reinstatement of a health center for allegedly diverting 340B-acquired drugs to ineligible patients.

The court order was in Genesis Health Care’s lawsuit

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