Federal Court Clears Way for Medicare to Boost 340B Hospitals’ Part B Drug Payments

U.S. District Court Washington D.C. building
A federal district court in Washington, D.C., cleared the way for CMS to resume paying hospitals at ASP +6% for 340B drugs in as quickly as two weeks.

A federal district judge on Monday cleared the way for the Centers for Medicare and Medicaid Services (CMS) in as quickly as two weeks to resume paying hospitals at the rate of average sales price (ASP) plus 6% for their

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UCB Files 340B Contract Pharmacy Suit Against HHS, the Ninth Company to Do So

UCB signage and building
UCB announced it will tighten its existing 340B contract restrictions on hospitals beginning Oct. 2.

Drug manufacturer UCB has sued in federal court to overturn federal health officials’ finding that the Belgian company’s restrictions on 340B pricing when covered entities use contract pharmacies are illegal and must stop or the company could face civil monetary

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U.S. Appeals Court Tentatively Set to Hear Three 340B Contract Pharmacy Cases on Nov. 15

U.S. Third Circuit Court of Appeals court house entrance
A federal appeals court in Philadelphia is currently set to hear arguments in a trio of key 340B contract pharmacy cases on Nov. 15.

As we first reported Friday in a news alert, a federal appeals court in Philadelphia has tentatively scheduled oral arguments in three key 340B contract pharmacy lawsuits for Nov. 15.

The clerk of the U.S. Third Circuit Court of Appeals

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Groups Representing 340B Hospitals Praise Federal Court Decision Halting Deep Medicare Part B Cuts

U.S. District Court for the District of Columbia building
The federal district court in Washington, D.C. has ordered the government to immediately begin to pay 340B hospitals at full rates for Medicare Part B covered drugs.

In a big victory for 340B hospitals, a federal judge in Washington, D.C. ruled yesterday that the government must immediately begin to pay 340B hospitals the full Medicare Part B drug payment rate for the remainder of calendar year (CY)

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Breaking News

National Association of Community Health Centers Calls On Congress “To Move Urgently” To Tackle 340B Contract Pharmacy Impasse “Before It’s Too Late”

Screenshot of U.S. Dept. of Health and Human Services dispute resolutions document
After the government’s Administrative Dispute Resolution panel dismissed its complaint against drug manufacturers, NACHC is calling for Congress to take urgent action to address the contract pharmacy impasse.

Sparked by the dismissal of its complaint against Astra Zeneca and Sanofi by the government’s Administrative Dispute Resolution Panel (ADR), the National Association of Community Health Centers say “they cannot wait any longer for a solution,” to the two-year standoff

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News Alert

Feds Tell Court They Oppose Health Center’s Effort to Sink 340B Patient Definition

Genesis Health Care, FQHC building and signage
Lawyers for HHS and HRSA told a federal district court yesterday the agencies oppose a health center’s efforts to have the longstanding 340B program definition of patient declared illegal.

Lawyers for federal healthcare officials told a federal district court yesterday that the government opposes a South Carolina health center’s efforts to have the longstanding 340B program definition of patient declared illegal.

In papers filed Sept. 22 in federal district court

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Court Upholds $23 Million Judgement Against CVS Caremark for Unfair Pharmacy Reimbursement

Arcade claw game
CVS Caremark must pay AIDS Healthcare Foundation $23 million for Part D drug reimbursement that the PBM clawed back from AHF unfairly, a court says.

A federal district court in Arizona has upheld a $23 million arbitration award to the AIDS Healthcare Foundation (AHF) against pharmacy benefits manager (PBM) CVS Caremark for unfair drug reimbursement.

In its November 2019 lawsuit, AHF alleged that CVS Caremark

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Feds Tell Judge They Accept that Part B Drug Payment Cuts in 2020-22 Were Unlawful

HHS office sign and building
Federal lawyers told a judge that they do not oppose declaring unlawful Part B drug payments cuts for 340B hospital from 2020-2022.

Federal lawyers last week agreed with national groups that represent 340B hospitals that the U.S. Supreme Court’s June decision to declare illegal Medicare Part B payment cuts in 2018 and 2019 for hospitals’ 340B-purchased drugs “effectively resolves” the groups’ claims

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Arkansas’ Novel 340B Contract Pharmacy Law Doesn’t Conflict with Federal Law, State Officials Tell Court

Arkansas Insurance Department interior office sign
The Arkansas insurance commissioner and 340B covered entities told a federal district judge that a state law requiring drug makers to honor 340B contract pharmacy arrangements does not conflict with federal laws.

Arkansas’s first-of-its-kind law requiring drug makers to honor 340B pricing when covered entities use contract pharmacies to dispense 340B drugs is not preempted by the federal 340B statute since the state law applies only to the acquisition and delivery of

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Judge Issues Stay in Merck’s 340B Contract Pharmacy Lawsuit

Merck wordmark on office building windows
A federal district judge in Washington, D.C., put drug manufacturer Merck’s 340B contract pharmacy lawsuit against the federal government on hold pending a related federal appeals court decision.

A federal district judge in Washington, D.C., put drug manufacturer Merck’s 340B contract pharmacy lawsuit against the federal government on hold until after a federal circuit court in Washington rules in Novartis and United Therapeutics’ 340B contract pharmacy cases.

Lawyers

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