Hospital Associations, Amicus Brief in 340B Appeal (Feb. 22, 2018)

340B Payment Reductions in the CY 2018 Final OPPS Rule

Amici curiae are 35 state and regional hospital associations that represent thousands of hospitals and health systems. Amici and their members are fully committed to improving the health of the communities they serve through the delivery of high quality, efficient, and accessible health care. The 340B Drug Pricing Program is a critical tool in helping to achieve this goal.

Many of the hospitals and health systems that amici represent will be severely harmed by the Centers for Medicare and Medicaid Services’ (“CMS”) revision to the reimbursement rates for drugs purchased through the 340B Program. The reduction in the reimbursement rate will cause these safety-net hospitals to lose hundreds of millions of dollars in funding. As a result, scores of low-income, uninsured, underinsured, and homeless patients will be unable to receive the same level of care.

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