Members of the Powers 340B practice presented the basics of the 340B drug pricing program at the National Congress of American Indians’ Executive Council Winter Session last month.

The four-day summit featured topics relevant to Indian tribes, including discussions of the Indian Housing Loan Guarantee Program and potential revisions to fee-to-trust regulations. Members of members of Congress and members of the presidential administration also addressed attendees regarding the current state of Indian affairs.

Principals William von Oehsen and Barbara Williams, along with Associate Shuchi Parikh and Counsel Brad Lang, discussed the federal 340B drug discount program, which allows certain categories of safety-net providers, including some clinics serving American Indians, to purchase prescription drugs for outpatient use from participating manufacturers at a significant discount.

Indian tribes are eligible to participate in the 340B program either through an outpatient health program or facility operated by a tribe or tribal organization under the Indian Self-Determination and Education Act (Public Law 93-638) or as an Urban Indian Health Center receiving funds for the provision of primary health services under Title V of the Indian Health Care Improvement Act.  Tribes that are eligible to participate in 340B but have not registered to join may be missing out on potential savings.

Bill von Oehsen played a key role in helping to enact the 340B program in 1992, as well as to expand the law in 2010 under the Affordable Care Act.  He has more than 25 years of experience on pharmaceutical pricing and reimbursement matters, including the 340B drug discount program.

Barbara Williams has been advising healthcare providers on a wide range of federal and state regulatory programs, with a focus on Medicare and Medicaid reimbursement issues and the federal 340B drug discount program for more than 30 years.

Shuchi Parikh has experience counseling a variety of 340B covered entities, including hospitals, federally qualified health centers, Ryan White clinics and others. She counsels clients on appealing audit findings; internal and external 340B program audits; preparing self-disclosure letters; and evaluating compliance with Medicaid billing and reimbursement for 340B drugs.

Brad Lang has more than 12 years of experience at the Health Resources and Services Administration’s Office of Pharmacy Affairs where he administered the 340B drug pricing program. Brad provides guidance to safety net providers participating in the 340B program, as well as pharmacies, software vendors, consultants and other stakeholders that support 340B providers.

For more information regarding the 340B program, contact Bill von Oehsen at William.vonOehsen@PowersLaw.com; Barbara Williams at Barbara.Williams@Powerslaw.com; Shuchi Parikh at Shuchi.Parikh@PowersLaw.com or Brad Lang at Brad.Lang@PowersLaw.com.

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