340B and Telehealth/HHS Waivers
The COVID-19 pandemic has created an increased need for the use of telehealth services. Powers has received several questions from Ryan White clinics about whether a prescription for a patient…
Presidential Budget Proposes 340B Savings Usage Records, Covered Entity User Fees, and Expanded HRSA Authority
On February 10, 2020, the White House released the Administration’s budget proposal for Fiscal Year (FY) 2021, A Budget For America’s Future. This document summarizes the President’s recommendations for funding…
HRSA Audit Results Reveal Manufacturer Overcharges
On January 28, 2020, HRSA posted results of its 340B Program audit of four pharmaceutical manufacturers in fiscal year 2019. Three of the four audited manufacturers were found to have…
GAO Issues Report Criticizing HHS’ Oversight of 340B Duplicate Discounts
On January 27, 2020, the U.S. Government Accountability Office (GAO) released a report (the Report) assessing oversight by the Department of Health and Human Services (HHS) of the 340B duplicate…
MedPAC Finds No Clear Link Between 340B Program and Increased Drug Spend
On January 17, 2020, the Medicare Payment Advisory Commission (MedPAC) held its first meeting of the year, including a session discussing a report requested by the House Energy and Commerce…
CMS Issues Informational Bulletin on State Duplicate Discount Practices
On January 8, 2020, the Centers for Medicare & Medicaid Services (CMS) issued an Informational Bulletin (Bulletin) outlining CMS’s view of current “best practices” by states to avoid 340B duplicate…
DC Circuit Rules on 340B Medicare Advantage Discriminatory Reimbursement Case
The federal appeals court for the District of Columbia Circuit recently ruled in favor of the Humana Medicare Advantage plan in a case by a 340B covered entity contending that…
Apexus Publishes Tool for Grantee Combined Purchasing and Distribution Requests
Last week, Apexus published a tool which states for the first time HRSA’s policy that all non-FQHC federal grantees are required to register each of their off-site locations as separate…
AIR340B Releases Updated Study on Charity Care Rates at 340B Hospitals
Earlier this month, the Alliance for Integrity and Reform of 340B (“AIR340B”), a national advocacy group funded largely by pharmaceutical companies, released an update to their previous reports on charity…
New All-Agency Executive Orders May Undermine 340B Guidance
On October 9, 2019, the White House issued two executive orders with potential implications on HRSA’s ability to enforce its sub-regulatory guidance, including its patient definition, against covered entities. In…