The U.S. District Court for the District of Columbia should vacate the 2022 outpatient prospective payment system rule insofar as it sets a payment rate for 340B hospitals that is lower than the generally applicable payment rate of Average Sales Price plus 6%, AHA told the court yesterday. 

The U.S. Supreme Court in June unanimously ruled in favor of AHA, concluding that HHS’ 2018 and 2019 reimbursement rates for 340B hospitals were unlawful, but left it to the lower court to determine the appropriate remedy. 

The Court should not give HHS “permission to continue violating the law, each and every day, for the remainder of 2022,” AHA wrote. “Here, there is only one way for the government to stop violating the law going forward because the rationale of the Supreme Court’s ruling dictates what HHS must do to fix its violation: reimburse 340B hospitals at the same rate as non-340B hospitals for the remainder of 2022.”

Related News Articles

Headline
The AHA Sept. 27 will launch a new TV ad urging Congress to protect patient access to care by rejecting billions of dollars in reductions to hospital care. “So…
Perspective
As we’ve seen from recent media reports, Congress — and especially the House right now — continues to struggle to put together a plan to keep the government…
Headline
The Senate Health, Education, Labor and Pensions Committee today voted 14-7 to advance as amended to the full Senate the Bipartisan Primary Care and Health…
News
A number of legislative proposals being considered by Congress would impose billions of dollars in additional Medicare payment cuts for services provided by…
Headline
AHA today voiced support for a provision in the Lower Costs, More Transparency Act (H.R. 5378) that would suspend for two years the Medicaid disproportionate…
Headline
In comments submitted today, AHA expressed strong concern about the proposed hospital outpatient market basket update, noting it “does not capture either the…