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U.S. SUPREME COURT STRIKES DOWN MEDICARE CUTS TO 340B HOSPITALS


WASHINGTON, D.C., JUNE 15, 2022— In a unanimous decision, the U.S. Supreme Court today said the nearly 30% cuts in Medicare outpatient drug payments to hospitals participating in the 340B drug pricing program that first took effect in 2018 were unlawful. The justices ruled that because the Department of Health and Human Services (HHS) did not first survey hospitals’ drug acquisition costs before imposing the cuts, it violated protections in the law against varying payment rates only for certain hospitals. The court overturned a lower court decision that was in favor of HHS on this issue and sent the case back to that court for further proceedings, though it does not weigh in on remedies for hospitals that have received the cuts...


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