Bass, Berry & Sims attorney Jeff Davis was interviewed for an article in Modern Healthcare examining the call from hospitals urging the Centers for Medicare and Medicaid Services (CMS) to compel Medicare Advantage plans to pay a remedy or make retroactive rate adjustments to address the Supreme Court’s ruling regarding 340B rate cuts.

“CMS has punted by saying this issue is subject to individual contracts between hospitals and MA plans,” Jeff told Modern Healthcare. “CMS got it [the 340B payment reduction] wrong. The Supreme Court and a federal district court found the rate reduction to be unlawful, and the reality is those unlawful payment reductions extended downstream into MA plan reimbursement.”

The full article, “Medicare Advantage Fight Shifts to 340B Arena,” was published by Modern Healthcare on April 22 and is available online (subscription required).