Government's Brief (March 19, 2018)

Defendants-Appellees' brief in the 340B Payment Reductions in the CY 2018 OPPS Final Rule suit.

The plaintiff hospitals and hospital trade associations seek to challenge a final rule that, in relevant part, adjusted for calendar year 2018 the payments made by the Centers for Medicare & Medicaid Services (CMS) under the Outpatient Prospective Payment System (OPPS or Payment System) in Medicare Part B for certain drugs covered by a program known as the 340B Program. See 82 Fed. Reg. 52,356 (Nov. 13, 2017) (final rule announcing the OPPS for calendar year 2018). Their claim is barred because Congress expressly precluded judicial and administrative review of adjustments to the Outpatient Prospective Payment System. See Amgen, Inc. v. Smith, 357 F.3d 103 (D.C. Cir. 2004).

Related Resources

Legal Documents
Public
Legal Documents
Public
Legal Documents
Public
Fact Sheets
For more than 25 years, the 340B Drug Pricing Program has provided financial help to hospitals serving vulnerable communities to manage rising prescription…
Legal Documents
In a highly unusual filing, Defendants seek to defend the 2019 OPPS Rule with arguments that Defendants forthrightly acknowledge the Court has already rejected…
Legal Documents
The Court concluded that the defendants – the U.S. Department of Health and Human Services and its Secretary (referred to collectively throughout as “the…