American Hospital Association July 7, 2023
Following last year’s unanimous Supreme Court decision in favor of the AHA and others, the Department of Health and Human Services today issued its proposed remedy for the unlawful payment cuts to certain hospitals that participate in the 340B Drug Pricing Program.
HHS’ proposed rule contains two central components. First, HHS would repay 340B hospitals that were unlawfully underpaid from 2018 to 2022 in a single-lump sum payment. The proposed rule contains the calculations of the amounts owed to the approximately 1,600 affected 340B covered entity hospitals. Second, HHS proposes to recoup funds from those hospitals that received increased rates for non-drug services from 2018 to 2022. CMS proposes to recoup these funds by adjusting the outpatient prospective payment...
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