The lower court incorrectly dismissed as premature their lawsuit to prevent a nearly 30% Medicare payment reduction for many hospitals in the 340B Drug Pricing Program, the AHA, Association of American Medical Colleges, America’s Essential Hospitals, Eastern Maine Healthcare Systems, Henry Ford Health System and Adventist Health System's Park Ridge Health told a federal appeals court in a brief filed yesterday. Contrary to the lower court’s finding, the group said they presented their claims to the Department of Health and Human Services as required before filing their court challenge, because they submitted extensive comments supporting their argument that the proposed regulation was unlawful. The HHS secretary expressly addressed and rejected their claims in issuing his final rule, after which the group properly brought their court challenge before the rule’s effective date, the brief adds. The group urged the court to reject the lower court’s ruling and stop the payment cut while the case proceeds.

Related News Articles

Headline
As urged by the AHA, the Health Resources and Services Administration today announced that it expects to publish online by April 1 drug ceiling prices under…
Headline
The Department of Health and Human Services today issued a final rule making Jan. 1 the effective date of its final regulations on drug ceiling prices and…
Blog
As the industry “that generates higher profit margins than any other,” Big Pharma continues to price gouge consumers for life-saving drugs. One thing the…
Headline
The AHA today urged the Health Resources and Services Administration to meet the Jan. 1 effective date it has proposed for its final rule on drug ceiling…
Headline
A federal court today denied the Department of Health and Human Services’ motion for a stay in a lawsuit challenging the excessive delay in the effective date…
Headline
The Department of Health and Human Services today proposed implementing on Jan. 1 its final rule on 340B drug ceiling prices and civil monetary penalties for…