CMS Proposal for 340(b) Payment Changes

By Ryan Kelly –

The latest issue of which we have focused is the proposed CMS change to 340(b) pharmacy reimbursement.  Currently facilities can charge up to 6% above the Average Sales Price (ASP).  The proposed rule change would modify this reimbursement structure to 22.5% below ASP.
We have had discussions with members across Mississippi to determine the perceived impact of such a change, and we have sent this information to Sen. Cochran and Wicker’s offices.  This, along with feedback from facilities and action through the open comment period, has caused both Sen. Cochran and Wicker to sign-on to a letter produced by Sen. John Thune requesting a rejection of the proposed rule and a continuation of the payment methodology for 340(b) as we’ve seen it in the past years.
Based on our analysis of impact, we agree with this action and applaud Senators Cochran and Wicker for their pragmatic approach and for listening to their constituents.
This House of Representatives also has a matching letter that is being distributed, but we do not have a status update as to who has signed it at this time.
We will keep you posted as we learn more.  It is my assumption (and hope) at this point that CMS will view comments and the pressure from the legislature against the measure, and they will rescind it accordingly.

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