Powers Principal William von Oehsen was recently quoted in a Mic article discussing the Trump administration’s delay of a rule that would punish drug manufacturers that knowingly overcharge for prescription drugs sold through the 340B drug pricing program.
The rule was promulgated in response to a provision in the Affordable Care Act intended to protect hospitals from being overcharged on prescription drugs that are supposed to be discounted under the 340B program. If a drug manufacturer is found to have “knowingly and intentionally” overcharged customers, a fine of up to $5,000 could be imposed for each instance of overcharge, according to the law. The rule was expected to go into effect in September, but has been delayed until July 2018.
In the article, Bill discusses how overcharging for a discounted drug occurs and the challenges covered entities face with reporting suspected overcharging. To read the full Mic 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 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.