In Violation of ‘Spirit’ of Anti-Kickback Law, Drug Manufacturer Donations to Patient Assistance Charities Result in Bigger Profits, Study Finds

screenshot of Health Affairs article title
Drug manufacturers' donations to patient assistance charities effectively subsidize the purchase of their own drugs, a new study published in Health Affairs concludes. PhRMA counters that coupons and other forms of assistance help patients afford their out-of-pocket costs.

In a new study published in Health Affairs, researchers find that drug manufacturers are likely to profit from donations they make to patient assistance charities that help patients cover out-of-pocket costs associated with expensive treatments for serious and often rare

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News Alert

Becerra Says Legislation Is Needed to Strengthen HHS Authority to Address 340B Contract Pharmacy Pricing Denials

Xavier Becerra speaking to the press
Congress needs to give HHS more more regulatory power and money if its wants the department to do more about drug companies that curtail the use of 340B drugs in contract pharmacies, HHS Secretary Xavier Becerra told House members in a Sept. 1 letter.

U.S. Health and Human Services Secretary Xavier Becerra told members of Congress on Thursday that his department is doing all it can with the tools it has to address drug manufacturers’ denials of 340B pricing involving contract pharmacies.

If lawmakers

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GSK Announces Third Round of Refunds This Year for 340B Overcharges

GlaxoSmithKline wordmark building-mounted sign
GSK for the third time this year has announced refunds for overcharging 340B covered entities, this time for purchases during Q3 2020.

Drug manufacturer GlaxoSmithKline for the third time this year has announced refunds for overcharging 340B covered entities, this time for purchases of 16 NDCs during Q3 2020.

The U.S. Health Resources and Services Administration (HRSA) posted GSK’s notice to entities yesterday

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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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Vermont Passes Bill Enhancing 340B Anti-Discriminatory Protections but Measure Aimed at Drug Manufacturers Fails

Vermont State House building
Vermont recently extended its prohibition on discrimination by PBMs against 340B entities but did not require drug manufacturers to provide 340B-priced drugs to contract pharmacies.

The state of Vermont has passed a bill extending its prohibition on discrimination by pharmacy benefit managers (PBMs) against 340B covered entities, which was originally passed in June 2021 as part of the state’s 2022 budget. 

The bill was quietly

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Civica Rx Subsidiary Offers First Low-Cost Generic Drug in Outpatient Pharmacy Space, with More to Come

CivicaScript wordmark and logo
CivicaScript launched its first low-cost generic drug available in the outpatient pharmacy setting: abiraterone acetate (brand name Zytiga) used to treat metastatic prostate cancer.

CivicaScript, a unit of hospital-owned nonprofit drug company Civica Rx, has launched its first low-cost generic drug available in the outpatient pharmacy setting: abiraterone acetate (brand name Zytiga) used to treat metastatic prostate cancer. The company will sell abiraterone to

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News Alert

Boehringer Ingelheim Expands its 340B Drug Pricing Restrictions

Boehringer Ingelheim wordmark and logo mounted on building
Boehringer Ingelheim said on Friday that health centers will be subject to its limits on 340B pricing involving contract pharmacies starting Sept. 1.

Drug manufacturer Boehringer Ingelheim (BI) said on Friday that health centers will be subject to its limits on 340B pricing involving contract pharmacies starting Sept. 1. The restrictions previously applied to hospitals only. “At this time, for all other federal

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New PhRMA-Funded Study Questions 340B Hospital Eligibility Yardstick

bar charts of percent of claims of inpatients and outpatients in 2020
New PhRMA-funded research shows that Medicare beneficiaries who were inpatients at 340B DSH hospitals were approximately 35% more likely to have the Part D Low Income Subsidy (LIS) and to be dually eligible for Medicare and Medicaid than were beneficiaries served on an outpatient basis.

Patients receiving inpatient care at 340B disproportionate share hospitals are significantly more likely to be low income than those receiving outpatient care, according to a new study funded by the brand name drug trade group PhRMA.

Hospital eligibility in the

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Purdue Pharma Is Providing 340B Refunds Spanning 16 Years of Overcharges

A bottle of Betasept antiseptic scrub
Purdue Pharma announced refunds for 340B overcharges on Betasept antiseptic surgical scrub for purchases spanning 16 years—more than half of the 340B program's existence.

Purdue Pharma’s Avrio Health subsidiary is giving 340B covered entities refunds for overcharges on Betasept antiseptic surgical scrub for purchases spanning 16 years—from Q2 2005 through Q2 2021. That period covers more than half of the 340B program’s existence.

During

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AIDS Healthcare Foundation Calls PhRMA’s Washington Post 340B Ad “Hypocritical Slander”

screenshot of Let it B. website
AIDS Healthcare Foundation recently refreshed its let340b.org website, roughly the same time as PhRMA ran a full-page ad in The Washington Post saying the 340B program doesn't help patients.

The brand drug industry’s recent full-page ad in The Washington Post saying the 340B program helps big hospitals and chain pharmacies but not patients is “hypocritical slander,” AIDS Healthcare Foundation President Michael Weinstein said last week.

“PhRMA calling for drug price

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