The U.S. Centers for Medicare & Medicaid Services (CMS) final rule that will set what Medicare will pay 340B hospitals for physician-administered drugs next year is another step closer to release.
CMS last week Thursday sent its calendar year 2022 hospital outpatient prospective payment system final rule to the White House Office of Management and Budget for approval to be published in the Federal Register. It looks to be on track to be released around Nov. 2, 60 days before the new year begins.
The Biden administration has proposed continuing a nearly 30% reduction, begun under ex-President Trump in 2018, in what Medicare pays 340B disproportionate share hospitals, rural referral centers, and non-rural sole community hospitals for separately payable non-pass-through drugs. The reduction is costing the hospitals an estimated $1.6 billion a year. 340B hospitals were deeply disappointed that the new administration proposed keeping the cuts. They are urging the administration to reverse its proposal.
The U.S. Supreme Court will hear oral arguments about the payment cuts’ legality on Nov. 30. It is expected to hand down its decision in late winter or early spring.