340bemployed.org

Your Free Source for 340B News and Commentary

  • Home
  • About Us
  • Employers
  • Job Seekers
  • Advertise
  • 340B Health

HRSA Still Plans to Start Enforcing New 340B Regulation on April 1


 

Print Article

March 3, 2017—In accordance with the Trump administration’s regulatory freeze, the Health Resources and Services Administration yesterday pushed back the effective date of its 340B ceiling price and manufacturer civil monetary penalties regulation 15 days, from March 6 to March 21. [ms-protect-content id=”2799″]

HRSA said there’s no change in the date it plans to begin enforcing the regulation: April 1, the first day of the second calendar quarter.

HRSA posted the announcement for public inspection late yesterday morning. It will be formally published in the Federal Register March 6.

“The temporary delay in the effective date of this final rule is necessary to give department officials the opportunity for further review and consideration of new regulations” consistent with the administration’s regulatory freeze, HRSA explains in the announcement.

The regulation should help prevent the drug industry from overcharging 340B hospitals and other healthcare providers. In addition to specifying how 340B ceiling prices should be calculated, under the regulation a drug manufacturer that knowingly and intentionally overcharges a 340B hospital or other 340B provider can be fined up to $5,000 for each instance of overcharging. Manufacturers also will have to ensure that their distributors give providers the 340B ceiling price.

The regulation also:

  • Reaffirms and incorporates HRSA’s long-standing policy requiring a manufacturer to sell a drug at a penny if the manufacturer raises the drug’s price to such a high degree that it triggers an inflationary penalty and results in a 340B ceiling price calculation of $0.00
  • Requires manufacturers to offer refunds for overcharges on new drugs instead of maintaining the current rule requiring covered entities to request refunds
  • Makes the Department of Health and Human Services Office of Inspector General responsible for imposing 340B manufacturer civil monetary penalties, given OIG’s extensive experience applying CMPs in other contexts

The final rule cites data showing that 340B sales still make up only a tiny percentage (2.6 percent) of the overall U.S. drug market. [/ms-protect-content]

Follow us on X

340B Health Follow

340B Health is the leading advocate & resource for hospitals that serve their communities by participating in the 340B drug pricing program. #Protect340B

340BHealth
340bhealth 340B Health @340bhealth ·
16 Feb

There’s a reason why you may have been hearing some controversial things about #340B lately. These misinformation campaigns go way back and have trails leading to Big Pharma. Learn why pharma-funded groups are invested in derailing a federal program that doesn’t cost the…

Reply on Twitter 1890990490486726953 Retweet on Twitter 1890990490486726953 1 Like on Twitter 1890990490486726953 3 Twitter 1890990490486726953
340bhealth 340B Health @340bhealth ·
15 Feb

It would cost just one safety-net hospital $24 million more each year to pay full price for two @JNJNews drugs upfront and wait for drugmaker rebates that might never come.

Then consider the crippling financial harm that would occur if you were to expand those costs to purchase…

Reply on Twitter 1890756196560482421 Retweet on Twitter 1890756196560482421 1 Like on Twitter 1890756196560482421 1 Twitter 1890756196560482421
340bhealth 340B Health @340bhealth ·
14 Feb

Show the team of experts here at #340B Health some love this Valentine’s Day by streaming our “listener mailbag” episode of #340BInsight: http://bit.ly/3YWHlJ4. Then learn more in just over a week at the @340BCoalition Winter Conference in San Diego!

Reply on Twitter 1890392047640527294 Retweet on Twitter 1890392047640527294 Like on Twitter 1890392047640527294 Twitter 1890392047640527294
Load More

RSS 340B Informed

  • An In-Depth Look at Total 340B Purchases
  • Ideas for 340B Changes Could Lead to Legislation
  • Help From 340B After a Rare Diagnosis and an Unaffordable Bill

Copyright © 2025 · 340B Health