The Department of Health and Human Services today issued a new proposed rule revising the 2020 final rule that established the 340B Administrative Dispute Resolution process. HHS notes that the proposed rule better aligns with the statutory requirements first put in place by the Affordable Care Act. The rule specifically proposes to:  

  • move the ADR process away from a trial-like proceeding and establish a more conventional administrative process;  
  • revise the ADR panel structure to consist of 340B program subject matter experts from the Health Resources and Services Administration’s Office of Pharmacy Affairs;  
  • ensure parties resolve disputes in good faith prior to invoking the ADR process;   
  • align the ADR process to statutory provisions on overcharges, duplicate discounts and diversion and;  
  • include a reconsideration process for parties dissatisfied with the 340B ADR panel decision. 

The proposed rule notes that any dispute between 340B covered entities and drug manufacturers that are subject to federal court review would not be eligible for the ADR process until the court process concludes. Comments are due to HHS by Jan. 30, 2023. AHA is reviewing the proposed rule and will submit comments. 
 

Related News Articles

Headline
The net prices of five drugs included in a new study from the Institute for Clinical and Economic Review increased without clinical justification in 2023.…
Headline
The AHA Nov. 15 filed friend-of-the-court briefs in the U.S. Court of Appeals for the 5th Circuit in support of an earlier denial by the U.S. District Court…
Headline
Johnson & Johnson Nov. 12 filed a lawsuit against the Department of Health and Human Services and the Health Resources and Services Administration asking a…
Headline
The AHA Nov. 7 filed a friend-of-the-court brief in the U.S. District Court for the District of Kansas in defense of the state's law protecting against…
Headline
The AHA, 340B Health, the Minnesota Hospital Association and American Society of Health-system Pharmacists Oct. 4 filed an amicus brief in the U.S. District…
Headline
A Louisiana district court Sept. 30 upheld a state law prohibiting drug companies from denying Louisiana hospitals 340B discounts for drugs dispensed at…