Fierce Healthcare January 10, 2023
The Department of Health and Human Services (HHS) will have the final say in how to best compensate 340B hospitals for years of underpayments, disappointing industry groups that had hoped the courts would order a swift resolution.
For months, the courts have been unraveling a June Supreme Court decision declaring a nearly 30% payment rate cut first introduced in 2018 to be unlawful. The top court unanimously rejected HHS’ argument that it did not need to survey hospitals’ acquisition costs before introducing the adjustment but returned the case to lower courts to address potential remedies.
U.S. District Judge Rudolph Contreras in September ordered the Centers for Medicare & Medicaid Services (CMS) to vacate the lower rate for...
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