Timing is everything. In yesterday’s post on 340B, I stated in closing:
There is still one more shoe to drop. On May 4, 2018, the U.S. Court of Appeals heard oral arguments in the expedited appeal of American Hospital Association v. Azar, challenging the 30% CMS Medicare Part B OPPS reimbursement cut for many outpatient drugs purchased through 340B. We are all awaiting that decision.
Within hours the Court of Appeals issued a ruling in which it upheld the lower court’s dismissal of the lawsuit on jurisdictional grounds. The Court found that because the original case was filed in advance of processing any actual claims under the new reimbursement formula, any challenge was theoretical in nature. The plaintiffs needed to have actual claims that were submitted and processed under the new reimbursement formula, and exhaust any administrative appellate rights on those claims, before a court challenge can be filed and heard. Continue Reading Court of Appeals Weighs in on 340B