On November 13, the American Hospital Association, Association of American Medical Colleges, America’s Essential Hospitals, Eastern Maine Healthcare Systems, Henry Ford Health System, and Fletcher Hospital filed a lawsuit in United States District Court for the District of Columbia seeking declaratory and injunctive relief, including a preliminary injunction preventing the reduction in payments for 340B program drugs from taking effect on January 1, 2018. The reduction in payments for 340B drugs from Average Sales Price (ASP) plus six percent to ASP minus 22.5 percent, a 27 percent reduction, was included in the Centers for Medicare & Medicaid Services’ Calendar Year 2018 outpatient prospective payment system final rule. A copy of the complaint is available here.
On November 13, President Trump announced that he is nominating Alex Azar as the next Secretary of the Department of Health and Human Services. The White House press release announcing the nomination of Mr. Azar is available here. Members of Congress support for Mr. Azar is available here.