AHA Vs Azar 340B Response to Plaintiffs Notice of Supplemental Authority

Plaintiffs’ notice of supplemental authority (ECF No. 78) asserts that HHS could reduce the Medicare appeals backlog by agreeing to toll the purported deadline for hospitals to file appeals related to the 340B Drug Discount Program pending the resolution of American Hospital Association v. Azar, No. 18-5004 (D.C. Cir.), in which the American Hospital Association and other organizations challenged a recent rulemaking by HHS that adjusts Medicare Outpatient Prospective Payment System (OPPS) payments for 340B hospitals.