Blog Posts

AbbVie, BI Agree to Lift 340B Contract Pharmacy Restrictions in Arkansas, Making It 21 Manufacturers to End or Loosen Restrictions

Boehringer Ingelheim became one of the latest major drugmakers to exempt Arkansas covered entities from its 340B contract pharmacy restrictions.
Drugmakers AbbVie and Boehringer Ingelheim (BI) have agreed in principle to exempt Arkansas providers from their 340B contract pharmacy restrictions, [...]

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340B Contract Pharmacy Protection Bill Introduced in NY Senate; Lawmakers Target Other 340B Matters

A New York state lawmaker introduced legislation with 340B contract pharmacy access and PBM policy provisions.
A key New York senator has introduced legislation that would bar pharmaceutical manufacturers and pharmacy benefit managers (PBMs) from discriminating [...]

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Merck Adds Biologic to Contract Pharmacy Restrictions

Pharmaceutical giant Merck has added a new medication for pulmonary arterial hypertension to its 340B contract pharmacy restrictions.
Merck has added an injectable medication used to treat pulmonary arterial hypertension—a type of high blood pressure which affects the [...]

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CMS Does Not Address Lump Sum Payments for 340B Hospitals in Latest Medicare Advantage Policies But Might in 2025

CMS put off a decision over whether to provide Medicare Advantage plans with funds to reimburse hospitals for past 340B payment cuts.
Federal regulators recently said any decision on whether to provide Medicare Advantage (MA) plans funds to reimburse hospitals for past [...]

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California Initiative Targeting Nation’s Largest HIV Provider Submits Enough Signatures to Qualify for Ballot

Protect Patients Now gained the signatures necessary to qualify for a California ballot initiative on Medicaid that appears focused on one 340B provider.
Supporters recently submitted enough signatures to qualify for the ballot a California ballot initiative that aims to codify the governor’s [...]

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Breaking News

HRSA Issues Final Regulations Revamping Process to Resolve Disputes Between 340B Providers and Manufacturers

Federal officials have released the long-awaited final rule for the 340B Administrative Dispute Resolution process.
The federal government issued the final rule early Thursday to implement a long-anticipated revision to the 340B Administrative Dispute Resolution [...]

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Virginia Legislature to Act This Week on Governor’s Amendment to 340B Contract Pharmacy Access Bill

Tracy Douglas, CEO of the Virginia Community Healthcare Association, said she hopes that the Virginia legislature rejects Gov. Glenn Youngkin's (R) changes to a 340B contract pharmacy access bill.
Virginia legislators will soon act on Gov. Glenn Youngkin’s (R) proposed amendment to a 340B contract pharmacy access bill when [...]

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Mississippi Hospitals, Health Centers Applaud Passage of 340B Contract Pharmacy Access Bill

Mississippi provider groups commended Gov. Tate Reeves (R) for signing into law a 340B contract pharmacy access bill.
Advocates for Mississippi hospitals and health centers praised the recent enactment of a law to prohibit drugmaker 340B contract pharmacy [...]

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Guidance on 340B ESP Use and Management

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Since 2020, select drug manufacturers have begun deploying restrictions or limitations on the sale of their products through the 340B program. This has proven to be a marketplace disruptor that has shifted the landscape of the 340B contract pharmacy program, as covered entities have experienced a loss of savings and have had to increasingly rely on entity-owned retail and/or specialty pharmacy operations to help in their mission. The issue of manufacturer restrictions has endured several legal challenges as well with some states, such as Arkansas, Louisiana, West Virginia and Mississippi having measurable success with combating the manufacturer restrictions.

Regardless, manufacturers continue to impose restrictions with the assistance of 340B ESP, a drug industry vendor that facilitates 340B claim management and oversees implementation of drug maker policies.  In many cases, the restrictions made by the manufacturers will be applied to the covered entity for all contract pharmacies unless the covered entity has created

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