The AHA, Association of American Medical Colleges, America’s Essential Hospitals, 340B Health and three hospital systems today opposed the Department of Health and Human Services motion to stay in the groups’ lawsuit challenging the excessive delay in the effective date for the 340B price transparency rule.  

 

“Plaintiffs have been forced to wait more than eight years for the benefit of regulations required by Congress to protect them from overcharging by drug manufacturers,” the hospital groups’ memo said. “Defendants’ submission to OMB [Office of Management and Budget] of a proposed rule – without any assurance that the final 340B rule will actually be implemented by Jan. 1, 2019 – is not a basis for a stay, and defendants’ other arguments for delay are meritless.”

 

The memo also urges the court to order HHS to respond to the hospital groups’ “summary judgment motion within 7-10 days, to permit an expeditious resolution of plaintiffs’ claims.”

 

The AHA and other groups last month asked a federal court to order HHS to make effective within 30 days a final rule requiring drug companies to disclose the ceiling price for 340B outpatient drugs. To ensure accuracy and compliance with the 340B drug savings program, the rule also describes how ceiling prices must be calculated and would allow the federal government to levy civil monetary penalties against drug companies that intentionally overcharge 340B providers.

Headline
The House Budget Committee July 16 passed a budget resolution by a 20-14 vote along party lines during a markup, paving the way for a new reconciliation bill…
Headline
The AHA July 14 urged the Health Resources and Services Administration to revise its estimate of the administrative burden associated with the agency’s…
Headline
The AHA today filed a friend-of-the-court brief supporting the Department of Health and Human Services’ motion to dismiss AbbVie’s lawsuit …
Headline
The Health Resources and Services Administration announced that 340B covered entities purchased $100 billion in outpatient drugs under the federal 340B Drug…
Headline
The AHA July 13 commented on proposals by the Office of Management and Budget and other federal agencies to revise the Uniform Grants Regulation governing…
Headline
AHA Board Chair Marc Boom, M.D., took the stage July 13 to introduce AHA award winners and a town hall discussion on navigating the 2026 political…