CMS Defends Delayed Fix for Illegal Medicare Drug Payment Cuts for 340B Hospitals

pill bottle and Medicare health insurance card
CMS defends its decision to wait until next year to decide how to remedy illegal past cuts in 340B hospitals Part B drug reimbursement.

Federal health officials last week defended their plan to wait until next year to say how they will reimburse 340B hospitals for illegal Medicare Part B drug payment cuts in place for the past five years after hospital groups told

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A Closer Look at Tuesday’s Arguments in Federal Appeals Court Over the Legality of the 340B Contract Pharmacy Program

Third Circuit Court building entrance
Today 340B Report takes a closer look at Tuesday's oral arguments in federal circuit court in Philadelphia in three 340B contract pharmacy lawsuits.

On Tuesday we reported about oral arguments before a federal appeals court in Philadelphia in AstraZeneca, Novo Nordisk, and Sanofi’s lawsuits challenging federal agency findings that the companies’ conditions on 340B covered entities’ use of contract pharmacies violate the 340B statute.

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Breaking News

Two of Three Appeals Court Judges Question Government’s Stance That Drug Companies May Not Impose Conditions on 340B Sales

U.S. Third Circuit Court of Appeals court room
Two judges on a three-judge federal appeals court panel in Philadelphia today questioned whether the 340B statute forbids drug manufacturers from imposing distribution conditions on offers of 340B pricing.

Two judges on a three-judge federal appeals court panel this morning challenged a federal government lawyer’s stance that federal law forbids drug manufacturers from limiting how their drugs may be distributed when they offer to sell the drugs at reduced

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Appeals Court To Hear Arguments Today in AstraZeneca, Novo Nordisk, and Sanofi’s 340B Contract Pharmacy Suits

The seal of the U.S. Third Circuit Court of Appeals
A federal appeals court in Philadelphia is hearing arguments today in AstraZeneca, Novo Nordisk, and Sanofi’s 340B contract pharmacy lawsuits.

A federal appeals court in Philadelphia this morning is hearing arguments in AstraZeneca, Novo Nordisk, and Sanofi’s lawsuits challenging federal agency findings that the drug companies’ 340B contract pharmacy policies are illegal and must stop or the firms could be

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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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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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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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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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Second of Three U.S. Appeals Court Hearings on 340B Contract Pharmacy Is Set for Monday

US Appeals Court Seventh Circuit court room
Oral arguments are scheduled for this Monday at the federal appeals court in Chicago over Lilly's 340B contract pharmacy restrictions.

Now that a federal appeals court in Washington, D.C., has heard arguments in Novartis and United Therapeutics’ 340B contract pharmacy lawsuits, the scene shifts to Chicago, where an appeals court will hear arguments Monday morning in Eli Lilly’s companion case.

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