340B Payment Reductions in the CY2018 Final OPPS Rule

The government does not dispute that the agency singled out Section 340B hospitals as a group and set their reimbursement based on acquisition cost rather than price, without conducting the cost study that the statute requires. The agency’s action was therefore contrary to law.
The AHA urged The Supreme Court of the United States to reverse the 2020 federal appeals court decision that upheld the authority of the Department of Health and Human Services to significantly cut payments to certain hospitals that participate in the 340B Drug Pricing Program.
The Supreme Court of the United States today decided to take up AHA’s petition asking to reverse a federal appeals court decision that significantly cuts payments to certain hospitals that participate in the 340B Drug Pricing Program, threatening access to care in communities. 
IN THE Supreme Court of the United States THE AMERICAN HOSPITAL ASSOCIATION, et al., Petitioners, v. XAVIER BECERRA, in his official capacity as the Secretary of Health and Human Services, et al., Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the…
QUESTION PRESENTED: The question presented is whether Chevron deference permits HHS to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data.
At A Glance The Centers for Medicare & Medicaid Services (CMS) yesterday released the calendar year (CY) 2021 outpatient prospective payment system (OPPS)/ambulatory surgical center (ASC) final rule.
AHA General Counsel Melinda Reid Hatton and acclaimed appellate litigator Cate Stetson, a partner at law firm Hogan Lovells, discuss Justice Ginsburg’s contribution to the Supreme Court and justice in America, the legal challenges facing the Affordable Care Act, and lawsuits that could affect…