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January 12, 2021
To embed, copy and paste the code into your website or blog: On December 11, 2020, five hospital groups, including the American Hospital Association (“AHA”), and an organization of hospital pharmacists representing participants in the 340B drug pricing program (“340B Program”), filed a federal lawsuit (the “340B Program Litigation”) against the U.S. Department of Health and Human Services (“HHS”) over HHS’ alleged failure to enforce 340B Program requirements that obligate phar...
January 12, 2021
Monday, January 11, 2021 DHCS”) will be transitioning all Medi-Cal pharmacy benefits from managed care to fee-for-service (“ FFS”). This new system to administer FFS pharmacy benefits is being called “Medi-Cal Rx” and was developed by DHCS in response California Governor Gavin Newsom’s January 7, 2019 executive order (the “ Order”), which instructed DHCS to transition all Medi-Cal pharmacy benefits to FFS by January 1, 2021. The rationale behind the Order is to c...
January 9, 2021
Advertisement Contract Pharmacies and the 340B Drug Discount Program: New Litigation and an Advisory Opinion Point to Ongoing Skirmishes on the 340B Battlefield Friday, January 8, 2021 On December 11, 2020, five hospital groups, including the American Hospital Association (“AHA”), and an organization of hospital pharmacists representing participants in the 340B drug pricing program (“340B Program”), filed a federal lawsuit (the “340B Program Litigation”) against the U.S....
January 8, 2021
To embed, copy and paste the code into your website or blog: As we begin the new year, we wanted to highlight two final developments from December 2020: First, on Dec. 27, 2020, the stimulus legislation H.R. 133, the Consolidated Appropriations Act of 2021 (link), Pub. L. 116‑260 (Act), was signed into law. The Act includes several changes relevant to government price reporting. Some of the provisions were first introduced as part of S. 2543, the Prescription Drug Pricing Reduction Act of 201...
January 7, 2021
New York State HIV and Health Providers Are Terrified of This Impending Cut From Gov. Cuomo’s Office Jan. 7, 2021 Perry Junjulas says that Albanys Damien Center, which he heads, will be one of countless New York HIV and health providers statewide crippled by Cuomos planned cuts to the 340B program. Tony Green Several times in 2020, HIV and other safety-net service advocates in New York State have sounded the alarm about how Gov. Andrew Cuomo’s actions are at odds with his current national r...
January 6, 2021
To embed, copy and paste the code into your website or blog: As a holiday gift to providers, the U.S. Department of Health and Human Services (HHS) General Counsel recently issued a strongly worded Advisory Opinion indicating that federal law requires drug manufacturers to deliver covered outpatient drugs purchased by providers at 340B discounted rates to contract pharmacies, so that contract pharmacies can dispense such drugs to patients on behalf of providers. SeeHHS General Counsel Advisory...
December 31, 2020
In Featured, News by Ged Kenslea December 30, 2020 On Wednesday, the HHS Office of the General Counsel released an advisory opinion concluding that drug manufacturers are required to deliver discounts under the 340B Drug Pricing Program on covered outpatient drugs when contract pharmacies are acting as agents of 340B covered entities they planned to refuse to provide certain drugs at the legally required ‘340B price’ as required by section 340B of the U.S. Public Health Services Act WA...
December 23, 2020
The U.S. Supreme Court recently issued a unanimous decision 1 in Rutledge v. Pharmaceutical Care Management Ass’n, 2 which supports the validity of state statutes that regulate reimbursement rates pharmacy benefit managers (PBMs) pay to pharmacies. Specifically, the Supreme Court’s ruling upheld Arkansas’s Act 900 (the Act) 3 requiring PBMs to reimburse pharmacies at a rate equal to or greater than the pharmacies’ acquisition costs, concluding that the Act was not preempted by the Empl...
December 23, 2020
Tuesday, December 22, 2020 1 in Rutledge v. Pharmaceutical Care Management Ass’n, 2 which supports the validity of state statutes that regulate reimbursement rates pharmacy benefit managers (PBMs) pay to pharmacies. Specifically, the Supreme Court’s ruling upheld Arkansas’s Act 900 (the Act) 3 requiring PBMs to reimburse pharmacies at a rate equal to or greater than the pharmacies’ acquisition costs, concluding that the Act was not preempted by the Employee Retirement Inc...
December 23, 2020
HHS final rule targets community health centers drug discounts Getty Images/Cultura RF The Trump administration on Tuesday blocked community health centers from receiving future grant funds unless they charge low-income patients the acquisition price for insulin and Epi-Pens, plus an administration fee. The final rule aims to lower patients out-of-pocket costs by forcing community clinics to pass on their 340B drug discounts. It requires federally qualified health centers to give their discount...