CMS plans to collect pricing and payment information from hospitals participating in the 340B drug discount program, according to a notice issued Sept. 26.
Although a federal judge rejected CMS plans to cut 340B reimbursements last December, ruling the agency doesn't have the power to adjust payment rates for 340B-acquired drugs, the agency appealed that ruling and wants to revisit the issue.
Lawyers representing hospitals who filed the suit against CMS argued that the agency had not collected the necessary data to set payment rates and readjust reimbursement rates.
If CMS wins a court appeal, the agency will need hospital data, including the price hospitals pay for drugs under the program before it can revisit making changes to the reimbursement rates.
And even if CMS loses a court appeal, the agency wants the drug cost information on hand, the agency said.
"We want to ensure that the Medicare program pays for specified, covered outpatient drugs purchased under the 340B program at amounts that approximate what hospitals actually pay to acquire the drugs," the agency wrote in its request for information. "This will ensure that the Medicare program uses Medicare trust fund dollars prudently while maintaining beneficiary access to these drugs and allowing beneficiary cost-sharing to be based on the amounts hospitals actually pay to acquire the drugs."
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