Statement on CMS' Final Remedy for the 340B-Acquired Drug Payment Policy

By Soumi Saha, Senior Vice President, Government Affairs, Premier Inc.

In today’s final rule, CMS remains intent on giving with one hand and taking away with the other. As outlined in our comments on the proposed rule, Premier strongly supports CMS’ decision to make a one-time lump sum payment to 340B hospitals for the amounts they are owed based on past shortfalls, and appreciates CMS committing to doing so swiftly. However, Premier had hoped CMS would own up to the fact that clawing back these payments over 16 years is inconsistent with the law and CMS’ longstanding past precedent regarding application of budget neutrality adjustments. Premier will continue to press CMS to hold hospitals harmless from policy deemed unlawful to preserve patient access to high-quality pharmaceuticals.