Associations and Hospitals Motion for Preliminary Injunction Re: HHS Action to Address 340B Contract Pharmacy issue (Dec. 11, 2020)
340B Drug Pricing Program Legal Resources
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Summons to HHS (Dec. 11, 2020)
Associations and Hospitals Complaint to Compel HHS Action to Address 340B Contract Pharmacy issue (Dec. 11, 2020)
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
As part of its yearly process to establish Medicare rates under the Outpatient Prospective Payment System (OPPS), the U.S. Department of Health and Human Services (HHS) recently published a new rule setting those rates for the 2020 calendar year. Because the new rule effectively reduces payment rates in the same manner as the 2019 rule that Plaintiffs challenged in this case, Plaintiffs ask the Court to enforce the Court’s prior judgment, which addressed the 2019 OPPS rule, but now with respect to 2020 rule. The Court should deny Plaintiffs’ request.
AHA, Associations, Hospitals response to the government’s letter to the D.C.
The government has asked for Chevron deference in the event that the preclusion provision is ruled inapplicable.
Following a December 17, 2018 status conference, the Court issued a minute order requiring defendants to "file [a] status report[] pertaining to their progress in publishing pricing data by not later than February 28, 2019 . . . ." Minute Order, Dec. 18, 2018. Consistent with their representations at the status conference, Defendants anticipate that covered entities will have access to ceiling prices via the Office of Pharmacy Affairs Information System pricing system on April 1, 2019. The attached declaration from Krista Pedley, Director of the Office of Pharmacy Affairs, Healthcare Systems Bureau, Health Resources and Services Administration, U.S. Department of Health and Human Services, provides additional details on Defendants' progress.