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Lawyers say there might be a way for CMS to keep paying ASP minus 22.5% for 340B drugs at some hospital outpatient departments, but they don't think the agency will use it.

Is There a Loophole That Might Let CMS Keep Paying Some Hospital Departments ASP Minus 22.5% for 340B Drugs?

There could be a loophole in Tuesday’s Medicare hospital outpatient payment final rule for 2023 that lets the government keep paying hospitals for 340B-acquired drugs at average sales price minus 22.5% at some hospital offsite locations.

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