AHA Statement on Final 340B Administrative Dispute Resolution Process Rule From HHS

Chad Golder
General Counsel
American Hospital Association

April 18, 2024

The Administration’s final rule for the 340B drug pricing program administrative dispute resolution (ADR) process is an important step in ensuring the integrity of the 340B program. The final rule contains several important process improvements, including a clear timeline for when ADR decisions must be made and an opportunity for reconsideration when parties are dissatisfied with the initial ADR decision. The AHA is particularly pleased that the final rule makes clear that an overcharge claim includes instances where a drug company has limited a hospital’s ability to purchase 340B drugs at or below the 340B ceiling price. This rule will help hold drug companies accountable for their rampant abuses of the 340B program and the patients it serves.

We look forward to working with the Department of Health and Human Services to make sure it continues to use all tools available to stop drug companies from preventing 340B hospitals from providing vital care to their patients.