340B Drug Pricing Program
In a highly unusual filing, Defendants seek to defend the 2019 OPPS Rule with arguments that Defendants forthrightly acknowledge the Court has already rejected. See Gov’t Mem. in Supp. of Mot to Dismiss New Claim & Opp’n to Mot. for Perm. Inj. With Respect to 2019 OPPS Rule (“Gov’t Mot.”), ECF…
The Court concluded that the defendants – the U.S. Department of Health and Human Services and its Secretary (referred to collectively throughout as “the Agency”) – acted in an ultra vires fashion by reducing the payment rate for drugs purchased through the 340B Program in the 2018 Outpatient…
In November 2018, Defendants issued a regulation requiring that, for calendar year 2019, the Centers for Medicare & Medicaid Services (CMS) reimburse drugs purchased under section 340B of the Public Health Services Act ("340B drugs") by using a methodology based on Average Sales Price minus 22.…
As the 2019 chair of the AHA’s Section for Small or Rural Hospitals, I can attest that AHA is stepping up in a big way to grapple with the issues that affect many rural hospitals.
The Court determined that the U.S. Department of Health and Human Services ("Agency") acted in an ultra vires fashion when it reduced the payment, in the 2018 Medicare Outpatient Prospective Payment System Rule ("OPPS Rule"), 82 Fed. Reg. at 52, 362, for drugs purchased through the 340B Program.…
This Court should reject Defendants’ attempt to re-litigate the merits of the case or, alternatively, to decide on their own if the 340B hospitals are entitled to relief and if so what that relief might be. Defendants’ proposal is nothing more than an attempt to further delay resolution of this…
A federal court should order the Department of Health and Human Services to "make whole" 340B hospitals that received reimbursement reductions resulting from the Centers for Medicare & Medicaid Services' 2018 outpatient prospective payment system rule, AHA and other hospital plaintiffs said…
A federal court should order the Department of Health and Human Services to “make whole” 340B hospitals that received reimbursement reductions resulting from the Centers for Medicare & Medicaid Services’ 2018 outpatient prospective payment system rule, AHA and other hospital plaintiffs said…