Consistent with the US Supreme Court’s ruling in AHA v. Becerra and its statements in the 2023 Outpatient Prospective Payment System (OPPS) Proposed Rule, the Centers for Medicare & Medicaid Services (CMS) has finalized its proposal to return payments for 340B drugs under OPPS to the full average sales price (ASP) plus 6% rate, reversing the ASP minus 22.5% rate that was put in place beginning in 2018. The policy to reverse the payment cuts is included in the 2023 OPPS Final Rule released on the...
By: McDermott Will & Emery
By: McDermott Will & Emery