Order granting motion to dismiss regarding 340B Contract Pharmacy.
340B Drug Pricing Program Legal Resources
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QUESTION PRESENTED: The question presented is whether Chevron deference permits HHS to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data.
Plaintiffs' Response to Order to Show Cause Opposition to Defendants' Motion to Dismiss and Reply in Support of Plaintiffs' Motion for a Preliminary Injunction Re: 340B Contract Pharmacy
Order to show Cause RE: Dismissal for Lack of Subject-Matter Jurisdiction
Associations and Hospitals Motion for Preliminary Injunction Re: HHS Action to Address 340B Contract Pharmacy issue (Dec. 11, 2020)
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.