Court Upholds Medicare Part B Reimbursement Cuts for 340B Drugs
The Court of Appeals for District of Columbia Circuit issued a 2-1 decision today upholding Medicare Part B reimbursement cuts for 340B drugs from ASP+6% to ASP-22.5%. The case is…
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…
CVS-Sentry Settlement Pending in Antitrust Lawsuit
This week, the U.S District Court for the Southern District of Florida granted a motion for stay which paused the lawsuit between Sentry Data Systems Inc. and CVS Pharmacy after…
Court Issues Final Order in 340B Reimbursement Lawsuit – HHS Appeals
On July 10, 2019, Judge Rudolph Contreras issued a memorandum opinion explaining his decision to issue a final order in the lawsuit challenging the nearly 30% reimbursement cut for Medicare…
District Court Strikes Down Final Rule Requiring Manufacturers to Advertise List Prices
On July 8, 2019, a federal judge in the U.S. District for the District of Columbia struck down the U.S. Department of Health and Human Services’ (HHS) final rule that…
White House Withdraws Proposed Medicare & Medicaid Rebate Rule Change
In a significant reversal of course, on Thursday, July 11, the White House announced that it was withdrawing a proposed rule by the Department of Health and Human Services’ Office…
HRSA to Collect Information on Manufacturer Audit Process
On June 18, 2019, HRSA issued an information collection request (ICR) regarding the guidelines for manufacturer audits of 340B covered entities and the OPA informal dispute resolution process to resolve…
Final Rule Will Require Drug Manufacturers to Disclose Prices in TV Advertisements
Earlier today, HHS issued a Final Rule that will require pharmaceutical manufacturers to disclose the wholesale acquisition cost (“WAC”) in direct-to-consumer TV advertisements for all Medicare and Medicaid covered drugs. …
Court Holds 2019 Reimbursement Cuts for 340B Drugs Unlawful; Remands to HHS for Remedy for 2018 and 2019
On May 6, 2019, the U.S. District Court for the District of Columbia ruled that CMS acted outside its statutory authority in adopting an almost 30% reimbursement cut for Medicare…
Sentry Allowed to Continue Antitrust Lawsuit Against CVS and Wellpartner
Last week, the U.S. District Court for the Southern District of Florida held that Sentry Data Systems Inc. can proceed in an antitrust lawsuit against CVS Pharmacy, Inc., alleging that…