Powers Attorneys William von Oehsen, Barbara Williams, Peggy Tighe, Jason Reddish, Peggy Tighe, and Mark Ogunsusi hosted a webinar titled “Understanding the Genesis Court Decision and Its Impact on 340B Patient Eligibility” on November 9th, starting at 1 p.m. EST.

The full webinar can be accessed here: https://bit.ly/47shUSg 
Passcode: aZF!6EVk

The presentation can be accessed here: https://bit.ly/47vYFr3

For the full text of the Genesis decision, click here: 143-Order-Granting-Pls-M-for-SJ-in-part-2023-11-03.pdf

On November 3, 2023, the U.S. District Court of South Carolina issued its opinion in Genesis Health Care Inc v. Becerra et al. The court held that the 340B statute does not mandate that a covered entity claiming a 340B discount must have been responsible for originating the relevant prescription or providing any healthcare service related to that prescription. The court stated that Congress’s decision not to define the term “patient” in the 340B statute and suggests that Congress relied on the plain meaning of the term, as found in the Merriam-Webster dictionary: “an individual awaiting or under medical care and treatment.” Additionally, the court ruled that the 340B statute does not impose a time limit on recent healthcare encounters to establish an individual’s status as a patient of the covered entity.

Following this decision, Powers 340B attorneys will cover the following topics:

• What exactly did the Court decide in the case and what did it not decide?
• What are the policy and operational implications of the decision?
• Can covered entities expand their use of the 340B program immediately as a result of the decision?
• What is likely to happen next?

Disclaimer: The information in this webinar is provided for general educational purposes only. Nothing herein should be construed as legal advice or representation. Questions about the law and specific scenarios should be directed to an attorney specializing in this area who can analyze all relevant factors.

Powers is a renowned Washington, DC-based law and government relations firm specializing in healthcare and regulatory matters, education, and the law of tribal nations. Powers’ 340B program practice has been at the forefront of defending and advancing the 340B program, advocating for the needs of safety net providers and their patients for several decades. Powers assists 340B covered entities and other 340B stakeholders – including Ryan White clinics, federally qualified health centers, children’s hospitals, disproportionate share hospitals, rural hospitals, retail pharmacies and contract pharmacy administrators. William von Oehsen helped draft the original 340B legislation as well as significant amendments to the statute under the Affordable Care Act of 2010.

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