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, healthcare lawyers said yesterday. But it would take chutzpah for federal health officials to use it and they probably will not, they said.
While the Centers for Medicare & Medicaid Services (CMS) did not directly respond to our specific inquiry, it did tell 340B Report late this morning that it is finalizing a general payment rate of ASP plus 6% for drugs and biologicals acquired through the 340B program.
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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