Bass, Berry & Sims attorney Jeff Davis discussed the impact that hospitals will face following the June 15 Supreme Court ruling that prevents the Department of Health and Human Services from cutting Medicare payments to hospitals that participate in the 340B drug pricing program without first conducting a survey of hospital acquisition costs. Although the Court found Medicare payment cuts to 340B hospitals in 2018 and 2019 to be unlawful, the Court did not provide a remedy, and questions remain as to how hospitals will be made whole for losses due to the payment reductions.
“I think there are a number of different directions that this could go in and some take more time than others,” said Jeff
The full article, “Hospitals May Have to Wait to Recoup 340B Payments after Supreme Court Ruling, Attorneys Say,” was published by Fierce Healthcare on June 30 and is available online.
Jeff was also quoted in the following earlier articles about the Supreme Court’s decision.
- “Supreme Court Rules in Favor of Hospitals in 340B Lawsuit,” Healthcare Finance (June 16, 2022)
- “Supreme Court Rules in Favor of Hospitals Over Medicare Regarding 340B Reimbursement Policy,” Endpoints News (June 16, 2022)
To read more about this decision, read our firm publication co-authored by Jeff, “Supreme Court Strikes Down Medicare Cuts to 340B Hospitals.”