In this episode, 340B Report Publisher and CEO Ted Slafsky, Associate Editors and Senior Writers Shannon Young and Will Newton and Luke Zarzecki, 340B Report's national correspondent, break down the latest in 340B news, including the Trump administration's high-profile entrance into the fight over state 340B contract pharmacy access laws. The team also discusses updates in the federal government's consideration of a potential new 340B rebate pilot, President Donald Trump's recent calls to codify most-favored nation (MFN) pricing agreements and the 340B Coalition's winter conference and National Association of Community Health Centers' (NACHC) Policy & Issues Forum.
Key Topics Covered:
Contract Pharmacy Restrictions Fight Heats Up
Will discusses the Trump administration's unexpected move to file amicus briefs supporting two drugmaker legal challenges to state 340B contract pharmacy access laws in Colorado and Rhode Island. He explains that most federal court rulings on contract pharmacy access laws have sided with the states, noting it is unclear to what extent the federal government's briefs will affect this trend. Will also notes that two U.S. Justice Department lawyers who signed the briefs previously represented drugmakers in drug pricing litigation, including one who served as a drugmaker's counsel in cases on 340B contract pharmacy use and 340B rebates.
Rebate Model Update
Luke, Shannon and Will discuss the latest developments in the federal government's consideration of a potential new 340B rebate model after court action halted the initial pilot from taking effect. They break down the latest regulatory actions surrounding that effort, including the White House's Office of Management and Budget's review of a prerule and the Health Resources and Services Administration's (HRSA) subsequent issuance of a request for information and an information collection request—and how stakeholders have responded to them. Will offers insights into what HRSA's possible new rebate model could look like based off of these documents.
MFN Codification Push
Shannon highlights the Trump administration's recent push to codify MFN principles into federal law, including the president's State of Union call for Congress to pass such legislation and Centers for Medicare and Medicaid Services Administrator Mehmet Oz's similar comments during a Pharmaceutical Research and Manufacturers of America (PhRMA) forum. She notes pushback such efforts have garnered from PhRMA, which has instead urged lawmakers to focus on reforming pharmacy benefit managers and the 340B program.
Conference Recaps
Will shares his key takeaways from the Winter 340B Coalition Conference in San Diego, including provider concerns with manufacturer actions they argue are threatening the 340B program. He also discusses health policy experts' takes on the program, including what to expect from Congress and the Trump administration in the coming months. Luke discusses HRSA Administrator Tom Engels' comments at NACHC's forum.
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