Powers Principal Bill von Oehsen was quoted in two Bloomberg BNA articles discussing the 340B drug discount program and a final rule that cut Medicare payments in 2018.

The January 18 article “Fight Over Federal Drug Discount Program Continues in 2018” discusses possible changes to the 340B program, a 25-year-old federal drug discount program that allows safety-net providers to obtain discounts on medications from pharmaceutical companies.

In the article, Bill talks about what proposed changes could mean for hospitals, clinics, and other covered entities that receive discounts through the program. He also talks about what to expect from Congress this year, including a draft 340B bill that would impose a number of restrictions on the program.

To read the full article, click here.

The January 29 article “Much-Criticized Medicare Rule Helps Many Hospitals: Analysis” analyzes the Medicare Part B reimbursement cuts that went into effect Jan. 1 for 340B hospitals.

A health-care consulting firm released a report finding that, despite the payment cuts, 85 percent of hospitals in the U.S. will see a net increase in their Medicare Part B reimbursement. Bill noted in the article that the reimbursement cuts would simply redirect Part B funds from safety net hospitals to the non-340B provider community and would do nothing to reduce patient cost-sharing on an aggregate basis. Bill said the study “supports the hospital view that the real purpose of the cuts is to advance the agenda of the pharmaceutical industry of undermining the value of the 340B program by allowing payers to usurp the benefit of 340B discounted pricing,”

To read the full article, click here.

Bill has more than 25 years of experience on pharmaceutical pricing and reimbursement matters, including the 340B drug discount program, the Medicaid drug rebate program, Medicare Part D, Robinson-Patman, and state Medicaid and pharmacy laws. He 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.

Bill helped to establish and serves as outside counsel to 340B Health, an advocacy organization of more than 1,200 public and private nonprofit hospitals participating in the 340B program. In 1997, he helped organize the 340B Coalition, which now represents a dozen national organizations whose members comprise virtually all of the safety net providers participating in the 340B program.

For more information regarding the 340B program or Medicare, contact Bill von Oehsen at 202-872-6765 or William.vonOehsen@powerslaw.com.

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