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.