AHA, Associations, Hospitals’ Motion for an Injunction for 2019

Motion for f Permanent Injunction Covering the 2019 OPPS Rule1

In November 2018, Defendants issued a regulation requiring that, for calendar year 2019, the Centers for Medicare & Medicaid Services (CMS) reimburse drugs purchased under section 340B of the Public Health Services Act ("340B drugs") by using a methodology based on Average Sales Price minus 22.5%, just as they had done for calendar year 2018. CMS, Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs, 83 Fed. Reg. 58,818, 58,979-81 (Nov. 21, 2018) ("2019 OPPS Rule"). Defendants explained that they were "continuing the 340B Program policies that were implemented in [calendar year] 2018"-i.e., the policy of "pay[ing] for separately payable Medicare Part B drugs ... that are acquired through the 340B Program at ASP minus 22.5 percent." Id. at 58,980-81.


1. The parties have conferred and Defendants have indicated that they do not consent to this Motion.

Related Resources

Webinar Recordings
Member
A panel of 4 experts discussed federal policy emerging from Congress and the Administration under COVID-19 focusing on rural health priorities and took…
Letter/Comment
Public
Dear Secretary Azar: On behalf of our nearly 2,000 340B member hospitals, the American Hospital Association (AHA) urges the Department of Health and Human…
Letter/Comment
Public
The AHA submitted its comments to the Office of Management and Budget regarding the Centers for Medicare & Medicaid Services (CMS) plans to collect pricing…
Guides/Reports
Member
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Donec lacus justo, scelerisque ut orci vitae, venenatis dignissim sapien. In vitae enim quis purus…
Letter/Comment
Letter/Comment
Member Non-Fed
mark { background-color: yellow; color: black; } [Put on Hospital Letterhead] [DATE] Seema Verma Administrator Centers for Medicare & Medicaid…