Bass, Berry & Sims attorney Jeff Davis provided insight for an article published by the Healthcare Financial Management Association (hfma) about a variety of 340B issues that the industry is watching in 2025. Those issues concern current disputes and issues related to contract pharmacies, rebate models, payment rates, and transparency mandates, among others.
Jeff discussed the potential for legislative changes to the program. “In light of the Republican control of both chambers of Congress and the White House, there are more opportunities for those who have concerns about the 340B program to try and implement changes,” he said. However, he also noted the opportunity for providers to advocate in support of the program. “If you’re going to make changes to the program that would ultimately take millions of dollars out of the safety net, what will that mean for patient care? How will hospitals and health systems continue to be able to provide services? That is information that needs to be conveyed,” he added.
Jeff also discussed payment rate issues. Hospitals were successful in challenging the first Trump administration’s reduction in rates for Medicare Part B payment rates for 340B drugs because CMS failed to conduct a survey of providers’ drug acquisition costs, but Jeff noted that “If CMS were to proceed with that type of survey, there could potentially be a path for them to try reducing reimbursement for 340B drugs again.”
The full article, “Various 340B Issues Mean Potential Headaches for Providers in 2025,” was published by hfma on February 5 and is available online.