The lower court incorrectly dismissed as premature their lawsuit to prevent a nearly 30% Medicare payment reduction for many hospitals in the 340B Drug Pricing Program, the AHA, Association of American Medical Colleges, America’s Essential Hospitals, Eastern Maine Healthcare Systems, Henry Ford Health System and Adventist Health System's Park Ridge Health told a federal appeals court in a brief filed yesterday. Contrary to the lower court’s finding, the group said they presented their claims to the Department of Health and Human Services as required before filing their court challenge, because they submitted extensive comments supporting their argument that the proposed regulation was unlawful. The HHS secretary expressly addressed and rejected their claims in issuing his final rule, after which the group properly brought their court challenge before the rule’s effective date, the brief adds. The group urged the court to reject the lower court’s ruling and stop the payment cut while the case proceeds.

Related News Articles

Headline
The AHA, 340B Health, Maryland Hospital Association and Mid-Atlantic Association of Community Health Centers July 9 filed an amicus brief in a federal district…
Headline
In a letter submitted July 2 to the Centers for Medicare & Medicaid Services on guidance for the Medicare Drug Price Negotiation Program, the AHA expressed…
Headline
A Mississippi judge July 1 denied Novartis Pharmaceuticals’ and PhRMA’s request for a preliminary injunction against enforcement of state law protecting 340B…
Headline
The AHA, 340B Health, the Maryland Hospital Association and the Mid-Atlantic Association of Community Health Centers June 26 filed an amicus brief in a federal…
Headline
The AHA, along with 340B Health, the Mississippi Hospital Association and the Rural Hospital Alliance filed an amicus brief June 18  in the U.S. District…
Headline
The AHA June 7 submitted comments on a discussion draft of the Drug Shortage Prevention and Mitigation Act, bipartisan legislation proposing to provide…