11/15/2023

CMS Unveils Long-Awaited & Far-Reaching 340B Final Rule

Press releases from the Centers for Medicare & Medicaid Services (CMS) are typically rather straightforward, easily summarized as: here’s what we’re doing, why we’re doing it, and the effect it might have on the nation’s various healthcare providers and federally insured patients.

Last Thursday’s press release marked an exception.

A full seven paragraphs of explanatory background preceded the thoroughly buried lede: the agency announced its new Final Rule outlining a remedy for the invalidated Outpatient Prospective Payment System (OPPS) 340B acquired drug payment policy for 2018 through 2022, a byproduct of last year’s unanimous U.S. Supreme Court ruling in the matter of American Hospital Association (AHA) v. Becerra.

“Aspects of this finalized policy will affect nearly all hospitals paid under the OPPS,” the press release read.

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