In an article for members of the American Health Law Association (AHLA), Bass, Berry & Sims attorney Jeff Davis examined how a recent Fourth Circuit decision could impact the ability of healthcare providers to use discounted drugs purchased under the 340B drug pricing program. The case challenges the definition of a 340B-eligible “patient” under guidance issued by the Health Resources and Services Administration (HRSA).
As Jeff concluded in the article, “A decision from a federal court on the definition of a 340B-eligible ‘patient’ and HRSA’s ability to issue audit findings related to diversion could have a significant impact on covered entities, both financially and operationally. Whether HRSA is able to enforce a patient definition test that focuses on where a prescription is initiated could constrain the ability of covered entities to use 340B drugs and generate program savings that support patient care.”
The full article, “Federal Courts Address ‘Patient’ Eligibility Under 340B Drug Pricing Program,” was published by the AHLA’s Hospitals & Health Systems Practice Group on August 31 and is available online (subscription required).