Bass, Berry & Sims attorney Jeff Davis was quoted in a Law360 Healthcare Authority article outlining new complaints against CVS Health and its affiliates related to how savings under the 340B Drug Pricing Program are handled. Three major health systems have filed suits alleging that CVS’ structure allows it to capture value intended for 340B providers. The cases arrive amid growing regulatory and legislative attention on pricing transparency and accountability across the pharmaceutical supply chain.
The article discusses the complaints as part of a larger industry emphasis on transparency within the 340B Drug Pricing Program. However, as Jeff noted, “requiring transparency in 340B claims that are paid by commercial payors is outside the scope of the 340B program,” emphasizing that the statute primarily governs relationships between manufacturers and providers rather than insurers or PBMs.
Jeff further explained that while manufacturers may seek greater visibility due to their rebate arrangements, “that’s not something that the statute places an obligation on with respect to 340B providers.”
The full article, “More Calls for Transparency as CVS Hit with 340B Suits,” was published by Law360 Healthcare Authority on May 26 and is available online (subscription required).