Litigation
MINUTE ORDER resetting the briefing schedule after consideration of the parties' response to the Court's February 27, 2019 Minute Order.
Following a December 17, 2018 status conference, the Court issued a minute order requiring defendants to "file [a] status report[] pertaining to their progress in publishing pricing data by not later than February 28, 2019 . . . ." Minute Order, Dec. 18, 2018. Consistent with their representations鈥
In a highly unusual filing, Defendants seek to defend the 2019 OPPS Rule with arguments that Defendants forthrightly acknowledge the Court has already rejected. See Gov鈥檛 Mem. in Supp. of Mot to Dismiss New Claim & Opp鈥檔 to Mot. for Perm. Inj. With Respect to 2019 OPPS Rule (鈥淕ov鈥檛 Mot.鈥), ECF鈥
The Court concluded that the defendants 鈥 the U.S. Department of Health and Human Services and its Secretary (referred to collectively throughout as 鈥渢he Agency鈥) 鈥 acted in an ultra vires fashion by reducing the payment rate for drugs purchased through the 340B Program in the 2018 Outpatient鈥
In November 2018, Defendants issued a regulation requiring that, for calendar year 2019, the Centers for Medicare & Medicaid Services (CMS) reimburse drugs purchased under section 340B of the Public Health Services Act ("340B drugs") by using a methodology based on Average Sales Price minus 22.鈥
The AHA, Association of American Medical Colleges and America鈥檚 Essential Hospitals today said they expect to 鈥渞efile promptly in district court鈥 their lawsuit challenging a nearly 30% Medicare payment reduction for many hospitals in the 340B drug savings program.