Let Us Decide How to Remedy Illegal Drug Payment Cut for 340B Hospitals, HHS Asks Judge

Dept. of Health and Human Services sign and building
There were no adverse findings in nearly one quarter of provider audits conducted by HRSA, an agency within HHS.

Federal lawyers asked a judge on Friday to let federal health officials decide how to give 340B hospitals relief for illegal Medicare Part B drug payment cuts since 2018.

In papers filed in U.S. District Court for the District of Columbia

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340B Providers Won’t Share in $183 Million Damages Award Against Lilly for Misstating AMP

Lilly corporate center
A federal jury ordered Lilly to pay the federal and state governments millions of dollars for misstating its average manufacturer prices, but 340B providers will not get a share of the award.

A federal jury in Illinois last week ordered drug manufacturer Lilly to pay more than $61 million in damages for misstating its average manufacturer prices (AMP) and underpaying Medicaid drug rebates.  

AMP is a key component used to determine 340B

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HHS Tells Judge Unwinding Medicare Payment Cuts for 340B Drugs Needs Caution, Not Haste

USDC DC empty courtroom interior
HHS urged a federal district court in Washington, D.C., late last week not to order it to expedite a legal brief in the lawsuit over deep Medicare payment cuts for hospitals' 340B-purchased drugs.

The U.S. Health and Human Services Department (HHS) asked a federal district judge late last week not to make it rush its response to hospitals’ request for an immediate halt to a nearly 30% Medicare Part B payment cut in

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340B Hospitals Ask Judge to Stop Part B Drug Payment Cuts Immediately

hypodermic needle and glass ampule
Groups that represent 340B hospitals asked a federal district judge to immediately halt a nearly 30% Medicare Part B payment cut for hospitals’ 340B-purchased drugs.

Groups that represent 340B hospitals yesterday asked a federal district judge in Washington, D.C., to immediately halt a nearly 30% Medicare Part B payment cut in place since 2018 for hospitals’ 340B-purchased drugs.

American Hospital Association, America’s Essential Hospitals, Association

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News Alert

New York State Sues CVS for Allegedly Forcing 340B Entities to Use Third Party Administrator Wellpartner

CVS pharmacy retail store
New York State says in a lawsuit that CVS Health illegally forces 340B covered entities to use CVS's 340B TPA Wellpartner. CVS says the the state's claims lack merit and that it will defend itself.

New York State Attorney General Letitia James today sued CVS Health for allegedly forcing the state’s 340B covered entities to use CVS’s 340B third party administrator Wellpartner as a condition for letting the entities contract with CVS retail and specialty

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A Blizzard in July (of Briefs in 340B Contract Pharmacy Lawsuits)

office worker holding a stack of papers
Multiple briefs have been filed recently in federal appellate lawsuits over the government's enforcement ability with the 340B contract pharmacy program.

There’s been a burst of activity in federal appellate lawsuits over the legality of drug manufacturers’ conditions on 340B pricing involving contract pharmacies.

During the past two weeks, AstraZeneca, Lilly, Novo Nordisk, and Sanofi filed briefs restating their belief that

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Hospitals Want Expedited Order Stopping Medicare Payment Cuts for 340B Drugs 

patient receiving an IV infusion
340B hospitals want an expedited court order stopping CMS from "unlawfully underpaying for 340B drugs."

Hospital groups and health systems asked a federal appeals court on Monday to send their successful U.S. Supreme Court lawsuit over Medicare Part B reimbursement cuts for 340B drugs back to a district court for more proceedings. “The government does

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U.S. Supreme Court Formally Notifies Lower Court and Parties About its Decision Striking Down Medicare Part B Drug Payment Cuts for 340B Hospitals

The Supreme Court of the United States building
Major hospital groups have asked the Supreme Court to review a case that challenges HHS' DSH payment formula.

The clerk of the U.S. Supreme Court on Monday formally notified the clerk of a federal appeals court in Washington, D.C., and lawyers for three hospital groups and three health systems of the high court’s June 15 judgement in the

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AHF Sues Express Scripts Over Medicare Part D Reimbursement Claw Backs

Metal claw
AIDS Healthcare Foundation accuses Express Scripts of using its market power to wrongly claw back millions of dollars in Medicare drug reimbursement from pharmacies.

Pharmacy benefits manager Express Scripts unfairly uses a Medicare pharmacy ratings system to wrongly claw back millions of dollars in drug reimbursement from pharmacies participating in the Medicare Part D prescription drug program, AIDS Healthcare Foundation (AHF) alleges in a

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Feds Ask Appeals Court to Uphold HRSA’s 340B Program Violation Letters to Novo Nordisk and Sanofi

Seal of the U.S. Court of Appeals for the Third Circuit
The federal government wants the U.S. Third Circuit Court of Appeals to partially uphold and partially overturn a lower court's opinion in Novo Nordisk and Sanofi's consolidated 340B contract pharmacy cases.

A federal district judge was right to rule last November that drug makers Novo Nordisk and Sanofi may not tie strings to 340B pricing when providers use contract pharmacies, the federal government told a federal appeals court in Philadelphia last

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