December 340Buzz: How to define a 340B patient?

It’s hard to believe the end of the year is here already. In some ways, things have been quiet on the 340B front, but a closer look reveals there is still plenty to discuss, a mix of wins and challenges.

CMS issued its final rule outlining the $9 billion lump sum Medicare Part B payments to 340B hospitals. However hospitals are still lobbying to overturn the offsetting $7.8 billion in non-drug cuts over 16 years, which are now set to start in 2026. The government says affected hospitals should start receiving the payments in early 2024.

The 340B patient definition

Of course, most of the Buzz lately is around the blockbuster federal court ruling throwing into question the definition of a 340B patient.

In a nutshell, the judge in Genesis Health Care v. Becerra ruled that HRSA had been relying on a definition it proposed in 2015 but later rescinded. That definition, he wrote, was never backed by regulation and “contradicts the plain language” of the 340B statute.

We’ve been getting plenty of questions about what the ruling means for capturing eligible prescriptions. Our best advice? Talk to your legal and compliance teams. Read more >