Premier Responds to Congressional 340B RFI

Premier submitted comments in response to a bipartisan Congressional Request for Information (RFI) to gather input from stakeholders on ways Congress can further the original intent of the 340B program to support entities serving eligible patients. Premier’s responses to the RFI reflect the concerns of our member hospitals and health systems which, as service providers, have a vested interest in the success of the 340B program and developing potential strategies to address the unprecedented threats to the 340B program that are arising on an almost daily basis.

In its comments, Premier urged Congress to:

• Reject any increased reporting requirements for covered entities, given the already extensive reporting and recertification requirements and the disproportionately high number of audits that covered entities are subject to relative to manufacturers.
• Ensure that the Health Resources and Services Administration (HRSA) has the necessary rulemaking authority and resources to develop, oversee and enforce the rules of the 340B program, as well as to improve the program;
• Take action to stop manufacturers from unlawfully restricting access to 340B pricing on drugs dispensed through contract pharmacies;
• Prohibit discriminatory actions against 340B providers and pharmacy partners by pharmacy benefit managers (PBMs), group health plan, health insurer offering group or individual health insurance, or sponsor of a Medicare Part D prescription drug plan based on the providers’ status as 340B entities and authorize civil monetary penalties against PBMs or insurers that implement discriminatory policies;
• Direct any policies or requirements intended to address Medicaid Managed Care duplicate discounts at CMS, state Medicaid Programs and Medicaid plans, rather than placing the burden on covered entities; and
• Take actions to prevent manufacturers from imposing any restrictions on access to 340B pricing and require HRSA to conduct more audits of manufacturers to ensure compliance with 340B ceiling price requirements.