Bass, Berry & Sims attorney Jeff Davis commented in two publications about the unanimous June 15 Supreme Court decision finding Medicare payment cuts to hospitals participating in the 340B drug pricing program illegal.
Speaking to Healthcare Finance, Jeff said “There’s the outstanding question as to the remedy; the question of how hospitals will be made whole as a result of payment reductions.”
Jeff added, “I work with a lot of 340B providers. I think hospitals will view this as a victory. This was a big payment cut.” However, he said, “Someone needs to make a decision. The case will be remanded back to the lower courts, which will be remanded back to HHS. The justices did not dictate a solution.”
The full articles are available in the links below:
- “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 Davis, “Supreme Court Strikes Down Medicare Cuts to 340B Hospitals.”