Manufacturer 340B pricing restrictions continue to escalate and threaten to reduce savings for participating organizations by anywhere from 25% to 50%. Health systems need to act now to update their strategy.
Several manufacturer lawsuits filed in 2020 have been gaining traction. A decision on the first of these lawsuits was handed down by the Third Circuit Court of Appeals on January 30, 2023, which appears to have emboldened many of the manufacturers that originally instituted less strict restrictions to establish more narrow policies in line with the first group.
Since then, 7 manufacturers generally walked back covered entities’ ability to use multiple contract pharmacies through the 340B ESP data-sharing platform and are now restricting 340B pricing to entity-owned pharmacies and/or a single contract pharmacy.
In this fact sheet, we discuss the latest developments, what they mean for provider organizations, and 6 actions provider organizations can take to offset these lost savings.
"Expect existing restrictions to stay and further tightening to occur."