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

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

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 relating to payment cuts in 2020, 2021, and 2022.

Lawyers for the U.S. Health and Human Services Department (HHS) said in a Sept. 14 brief filed in U.S. District Court for the District of Columbia that HHS does not oppose the hospital groups’ motion for “a declaration that the 2020, 2021, and 2022 [hospital outpatient prospective payment system, or OPPS] rules are unlawful insofar as they vary the reimbursement rate for 340B hospitals from ASP plus six percent absent a survey of hospitals’ acquisition costs.”

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 relating to payment cuts in 2020, 2021, and 2022.

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