Lawyers for HHS asked a federal district judge to let the department decide how to give 340B hospitals relief for Medicare Part B drug payment cuts that the Supreme Court has determined were illegal.

Let Us Decide How to Remedy Illegal Drug Payment Cut for 340B Hospitals, HHS Asks Judge

Federal lawyers asked a judge on Friday to let federal health officials decide how to give 340B hospitals relief for illegal Medicare Part B drug payment cuts since 2018.

In papers filed in U.S. District Court for the District of Columbia on Aug. 12, lawyers for the U.S. Health and Human Services Department (HHS) opposed a group of 340B hospitals’ motion for a court order forcing HHS to immediately start paying them at an average sales price plus 6% rate for 340B-purchased drugs, not the ASP minus 22.5% rate the hospitals have been paid since 2018.

Federal lawyers asked a judge on Friday to let federal health officials decide how to give 340B hospitals relief for illegal Medicare Part B drug payment cuts since 2018.

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