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340B Discount Drug Program: Inflation Reduction Act, Reimbursement Challenges, Contract Pharmacy Restrictions, and More

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 11, 2023

Recorded event now available

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This CLE webinar will guide healthcare counsel on the impact of recent activity related to the 340B program. The panel will discuss the implications of the Inflation Reduction Act's drug pricing provisions on the 340B program. The panel will also address manufacturer restrictions on access to 340B pricing for drugs dispensed through contract pharmacies, changes to Medicare reimbursement for 340B drugs in light of a recent Supreme Court decision, and state legislation addressing reimbursement challenges. The panel will offer best practices for navigating the current 340B environment.

Description

The Inflation Reduction Act of 2022 requires manufacturers to negotiate drug prices with Medicare and pay rebates to Medicare when they increase the price of drugs faster than inflation. Implementation of these new programs will have implications for 340B providers and pharmacies. Meanwhile, federal courts continue to consider the legality of drug manufacturer policies restricting access to 340B pricing for drugs dispensed through contract pharmacies.

Also, a growing number of states have proposed or enacted legislation hampering health plans and pharmacy benefit managers (PBMs) with respect to reimbursement rates for 340B drugs. At least 20 states have passed legislation that prohibits PBMs from applying different reimbursement policies on claims for 340B drugs relative to non-340B drugs. Several other states are considering similar measures.

In June 2022, the Supreme Court overturned a substantial Medicare Part B payment reduction to many 340B program participating hospitals. The Court ultimately remanded the matter to address the appropriate remedies, and the lower court and CMS have taken steps to address Medicare payments to 340B hospitals in light of the Court’s decision.

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Outline

  1. Inflation Reduction Act and its impact on 340B program
  2. Manufacturer restrictions on contract pharmacies
  3. Reimbursement challenges and state action
  4. Supreme Court ruling
  5. Best practices for navigating 340B in light of recent activity

Benefits

The panel will review these and other key issues:

  • How does the Inflation Reduction Act impact the 340B drug program?
  • What impact will the recent state legislative activity have on the 340B drug program?
  • What do the recent developments mean for future contract pharmacy arrangements?

Faculty

Davis, Jeffrey
Jeffrey I. Davis

Member
Bass Berry & Sims

Mr. Davis advises healthcare organizations on Medicare and Medicaid billing and reimbursement issues, with a special...  |  Read More

Marshall, Samantha
Samantha D. Marshall

Attorney
Hogan Lovells

Ms. Marshall helps healthcare industry clients navigate complex federal healthcare program requirements, including...  |  Read More

Metro, Joseph
Joseph W. Metro

Partner
Reed Smith

Mr. Metro is a member of the firm’s Life Sciences Health Industry Group, practicing in the area of healthcare...  |  Read More

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