The Health Resources and Services Administration today released a final rule on drug ceiling prices and civil monetary penalties for manufacturers in the 340B Drug Pricing Program. Required by the Affordable Care Act, the rule amends Section 340B of the Public Health Service Act to impose monetary sanctions (not to exceed $5,000 per instance) on drug manufacturers who intentionally charge a 340B hospital or covered entity more than the ceiling price established under the procedures of the 340B program. The final rule codifies current policy on “penny pricing” for ceiling price calculations resulting in a zero value. It also establishes new drug pricing policy when sufficient information to establish a 340B ceiling price for a new drug is not yet available and would require manufactures to refund 340B covered entities within 120 days if the manufacturer determines an overcharge occurred. The final rule also requires greater transparency in calculating the 340B ceiling drug prices to ensure that drug manufacturers are not overcharging 340B covered entities. HRSA plans to begin enforcing the requirements of the final rule on April 1, and to issue further guidance on the 340B ceiling price reporting system and how 340B covered entities can access ceiling price information to establish instances of manufacturer overcharges.

Related News Articles

Headline
The 1st U.S. Circuit Court of Appeals Jan. 7 denied the government’s motion for a stay in a lawsuit filed by the AHA, the Maine Hospital Association and four…
Headline
The application period has opened for hospitals to apply for the latest allocation of Medicare-funded graduate medical education residency slots under Section…
Headline
The Centers for Medicare & Medicaid Services has implemented an online form for providers to submit complaints regarding Medicare Advantage plans. A CMS…
Headline
The Centers for Medicare & Medicaid Services released a memo Dec. 16 announcing the agency’s intent to conduct a voluntary pilot in 2026, called the…
Headline
An AHA blog examines new data released by the Health Resources and Services Administration on the growth of the 340B Drug Pricing Program.  “When…
Blog
Public
Recent data released by the Health Resources and Services Administration show that drug purchases made under the 340B Drug Pricing Program totaled $81.4…