Nevada Shelves Program Cuts in Victory for HIV Patients: Federal 340B Changes Forestalled
Nevada Shelves Program Cuts in Victory for HIV Patients: Federal 340B Changes Forestalled AIDS Healthcare Foundation (AHF) and a coalition of nonprofit HIV providers and the people they serve throughout Nevada welcomed news that the Nevada Department of Health and Human Services (DHHS) Division of Public and Behavioral Health (DPBH) has delayed plans to roll out major changes to the states 340B Drug Pricing Program, a federally administered, privately funded program that HIV nonprofits rely on and use to deliver crucial, lifesaving care and services to Nevadans living with HIV or AIDS.
Marie Napoli, a partner of national plaintiff litigation firm Napoli Shkolnik PLLC, has released the new consumer brief, Protecting Yourself from Defective
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On December 30, 2020, the HHS Office of General Counsel (OGC) issued Advisory Opinion No. 20-06 finding the 340B Federal Drug Pricing Program requires drug manufacturers to extend 340B pricing to covered outpatient drugs dispensed through contract pharmacies.
Recently, certain drug manufacturers have declined to distribute covered outpatient drugs through contract pharmacies at 340B pricing. The OGC concluded that this practice is impermissible and that drug manufacturers must offer covered drugs at no more than the 340B ceiling price, even if covered entities use contract pharmacies for distribution.
Many covered entities enter into written agreements with pharmacies (Contract Pharmacies) to distribute their covered outpatient drugs to the entities’ patients. Under those agreements, the covered entity orders and pays for the 340B drugs, which are then shipped from the manufacturer to the Contract Pharmacy. As previous
Monday, January 11, 2021
DHCS”) will be transitioning all Medi-Cal pharmacy benefits from managed care to fee-for-service (“
FFS”). This new system to administer FFS pharmacy benefits is being called “Medi-Cal Rx” and was developed by DHCS in response California Governor Gavin Newsom’s January 7, 2019 executive order (the “
Order”), which instructed DHCS to transition all Medi-Cal pharmacy benefits to FFS by January 1, 2021. The rationale behind the Order is to combat rising prices for prescription drugs by increasing the State’s bargaining power in negotiating prescription drug prices with pharmaceutical companies. The date of transition was subsequently pushed back to April 1, 2021 so currently no pharmacy managed care benefits have been impacted.
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