Tuesday, January 2, 2018

AHA vs CMS: No standing to sue CMS on 340B; case not ripe

In November 2017, CMS finalized rulemaking to lower the payments from CMS Parts A/B to hospitals where the drugs in question had been purchased under hefty 340B discounts.  AHA sued to stop the implementation.   Court rules that AHA has no standing to sue, as it has not exhausted remedies with the agency regarding specific claims.

The case is of interest as it documents the high barriers to getting a payment grievance into federal court, without exhausting other adminstrative remedies.

Case (Civil Action 17-2447) AHA vs HARGAN, online here.

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