In Taking Up 340B Case, Supreme Court Could Reverse Longstanding Legal Doctrine

340B hospital challenge to Medicare Part B reimbursement could reverse long-standing legal doctrine.

The U.S. Supreme Court’s decision to take up a case involving steep Medicare Part B payment cuts to 340B hospital-operated outpatient sites took many legal experts by surprise. However, attorneys that 340B Report conferred with believe the court will be

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Medicare Part B Payment Challenge Not Only Supreme Court Case That Will Impact 340B Program

340B hospitals’ Medicare Part B payment challenge is not the only Supreme Court case next term that will impact the 340B program.

In addition to agreeing to review 340B hospitals’ four-year challenge to deep Medicare Part B cuts, the U.S. Supreme Court said last week that it will take up a case that could impact the calculation used to determine hospital eligibility

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Breaking News

BREAKING: Supreme Court Will Take Up Case Involving Medicare Part B Cuts to 340B Hospitals

The U.S. Supreme Court this morning agreed to take up a case regarding Medicare Part B cuts to 340B hospitals. | Shutterstock

The U.S. Supreme Court this morning agreed to review a federal appeals court’s July 2020 ruling upholding a nearly 30% reduction in Medicare Part B drug reimbursement for hospitals’ 340B-purchased drugs.

The court’s decision to hear American Hospital Association (AHA)

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Breaking News

Judge Rejects Government’s Contention that AstraZeneca’s 340B Lawsuit Is Moot

A federal judge yesterday, acting in a lawsuit filed by AstraZeneca, vacated HHS's December 2020 advisory opinion that the 340B statute compels drug manufacturers to offer 340B pricing when covered entities use contract pharmacies to dispense covered drugs to patients.

A federal district judge in Delaware yesterday rejected the U.S. Health and Human Services Department’s (HHS) position that its withdrawal of its December 2020 advisory opinion on 340B contract pharmacy rendered drug manufacturer AstraZeneca’s claims against the opinion moot.

In

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Hospitals File New Suit To Reverse Steep Part B Payment Cuts for 340B Drugs

More than 150 hospitals have sued HHS to reverse CMS's steep payment cut for 340B-purchased drugs covered under Medicare Part B. | Shutterstock

More than 150 hospitals have sued the U.S. Department of Health and Human Services (HHS) in the latest attempt by providers to end steep cuts in 340B reimbursement at their off-campus outpatient sites.

Filed in district court in Washington, D.C.,

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Pfizer Invokes 340B Contract Pharmacy Ruling in its Lawsuit Over Copay Assistance

Pfizer has cited a federal judge’s opinion in AstraZeneca’s 340B contract pharmacy lawsuit in Pfizer’s own lawsuit aimed at striking down federal restrictions on manufacturer copay assistance to Medicare beneficiaries

Drug manufacturer Pfizer last week cited a federal judge’s June 16 opinion in AstraZeneca’s 340B contract pharmacy lawsuit in Pfizer’s own lawsuit aimed at striking down federal restrictions on manufacturer copay assistance to Medicare beneficiaries.

Pfizer sued the U.S. Health

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Three Drug Makers Answer HRSA’s 340B Contract Pharmacy Letters Defiantly

Lilly, Novartis, and Sanofi sent HRSA defiant responses to its May 17 letters telling the companies that their 340B contract pharmacy policies were illegal.

On May 17, the federal government told six drug companies that their 340B contract pharmacy policies were illegal, and it asked them to provide updates by June 1 on their plans to comply with the law.

At least three of

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DOJ Says Lilly and Novo Nordisk’s 340B Actions Cost Providers Over $125 Million a Month and Hurt Patients

A federal court sided with a group of Texas hospitals’ efforts to block an HHS rule.

Drug manufacturers Eli Lilly and Novo Nordisk’s denials of 340B drug discounts when covered entities use contract pharmacies are causing entities to lose more than a combined total of $125 million per month in 340B program savings, federal filings in

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Pharma’s 340B Contract Pharmacy Limits Are Costing Providers $3.2 Billion a Year, DOJ Tells Court

Covered entities' monthly 340B savings on Sanofi products dropped from $54.2 million just before the company limited discounts on drugs shipped to contract pharmacies to about $5 million within two months, federal lawyers told a judge last week.

Hospitals, health centers, and clinics are losing a projected $3.2 billion a year in 340B program savings due to six drug manufacturers’ denials of 340B pricing on drugs shipped to contract pharmacies, the federal government said in a court filing

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DOJ and AstraZeneca Far Apart on How Company’s Lawsuit Should Proceed

AbbVie and AstraZeneca filed a pair of lawsuits to block Minnesota's law barring manufacturer 340B contract pharmacy restrictions.

Drug manufacturer AstraZeneca and the federal government are miles apart on what a federal judge should do next after ruling last week that the government had no basis for stating in December that the 340B statute unambiguously requires manufacturers to

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