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

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

Today’s proposed rule can only be described as one step forward and two steps back. While Premier appreciates CMS proposing a one-time lump sum payment to affected providers for 340B-acquired drugs for calendar years 2018-2022, doing so in a budget-neutral manner over 16 years is a clawback in disguise. In comments, Premier noted that hospitals should be held harmless in the development of a remedy, should not be punished for abiding by the rules put forth by CMS between 2018-2022, and no dollars should be clawed back from hospitals via the proposed remedy for 340B-acquired drug payment. Premier looks forward to commenting on and fleshing out ambiguity that exists in statutory language regarding whether retrospective remedies pursuant to a Supreme Court case are required to be implemented in a budget-neutral manner. Expeditiously arriving at a remedy to transparently address past reimbursement shortfalls - while holding hospitals harmless from policy deemed unlawful - is essential to support hospital and patient access to high-quality pharmaceuticals.