DC Circ. Tosses Hospitals' Suit Over $1.6B Cut To 340B Pay

By Adam Rhodes (July 17, 2018, 7:24 PM EDT) -- The D.C. Circuit on Tuesday refused to revive a suit challenging a $1.6 billion cut to Medicare reimbursement for drugs purchased by hospitals through the 340B drug discount program, ruling that the American Hospital Association had failed to properly present its claims before taking the federal government to court.

In its decision, the three-judge panel rejected the AHA's contentions that it properly presented claims to the Health and Human Services Secretary by filing public comment to the regulation before it was final.

"When the plaintiffs filed this lawsuit, neither the hospital plaintiffs, nor any members of the hospital-association plaintiffs, had challenged...

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