The AHA, joined by member hospitals and health systems and other national organizations representing hospitals, today filed reply briefs in their petitions asking the U.S. Supreme Court to reverse appeals court decisions in two important cases for patients and providers. The two cases being appealed to the U.S. Supreme Court are:

  • A lawsuit challenging the U.S. Department of Health and Human Services’ nearly 30% cut to 2018 and 2019 Medicare outpatient prospective payment system drug payments for certain hospitals participating in the 340B Drug Pricing Program. A district court had sided with the AHA and found that the payment reductions were unlawful. However, last July, two members of the three-judge panel of the U.S. Court of Appeals agreed to overturn that ruling, despite a spirited dissent questioning the majority’s deference to the government’s position.
     
  • A lawsuit challenging HHS’ payment reductions in the 2019 outpatient payment rule for certain hospital outpatient off-campus provider-based departments. A lower court twice found that HHS exceeded its statutory authority when it reduced these payments. But, in July, a three-judge appeals panel reversed this decision.

View today’s 340B and site-neutral reply briefs for more details. The Supreme Court is expected to decide sometime next month if it will take one or both of these cases.

Related News Articles

Headline
Rep. Doris Matsui, D-Calif., and Sen. Peter Welch, D-Vt., today introduced the 340B Patients Act, AHA-supported legislation that would codify 340B providers'…
Headline
The AHA July 16 filed an amicus brief in the U.S. District Court for the District of Colorado in defense of the state’s 340B contract pharmacy law prohibiting…
Headline
The U.S. District Court for the Eastern District of Missouri July 11 granted a motion by the state to dismiss claims by AbbVie that the state’s 340B contract…
Headline
The U.S. District Court for the Middle District of Tennessee June 30 denied a motion for a preliminary injunction by AbbVie in its lawsuit against the state’s…
Headline
The AHA June 27 filed an amicus brief in the U.S. District Court for the Middle District of Tennessee that defends the state’s 340B contract pharmacy law…
Chairperson's File
Public
Advocacy is a core part of the work of the AHA, protecting and sustaining what hospitals and health systems need to truly care for our communities. We often…