On July 21, 2014, the Health Resources and Services Administration (HRSA) released an “interpretive rule” reiterating that 340B-covered entities affected by the orphan drug exclusion may purchase orphan drugs at 340B prices when those orphan drugs are used for indications other than the rare disease or condition for which the drug received an orphan designation.
Health Resources and Services Administration (HRSA)
HRSA Stands by its Interpretation of the 340B Orphan Drug Exclusion Despite District Court Ruling
In a recent website update, the Health Resources and Services Administration (HRSA) reaffirmed its current interpretation of the 340B discount drug program orphan drug exemption – despite a May 23, 2014 U.S. District Court ruling that vacated HRSA’s orphan drug regulation because of lack of the statutory authority to engage in such rulemaking. According to…
HRSA Releases 340B Audit Results
On May 9, 2014, the Health Resources and Services Administration (HRSA) released the results of its FY 2012 audits of covered entity compliance with 340B drug discount program rules. Based on a review of 51 covered entities encompassing more than 410 outpatient facilities/sub-grantees and more than 860 contract pharmacy locations, HRSA identified “several recurring critical…
HRSA Finalizes Policy on Exclusion of Orphan Drugs Under 340B Program
On July 23, 2013, the Health Resources and Services Administration (HRSA) issued a final rule implementing the 340B Drug Pricing Program orphan drug exclusion established by the Health Care and Education Reconciliation Act. Under the final rule, HRSA is excluding from the 340B program orphan drugs (that is, drugs designated by the FDA as “a…
HRSA Rule Transitions HIPDB to NPDB
The Health Resources and Services Administration (HRSA) has published a final rule to incorporate ACA requirements that eliminate duplicative data reporting to the Healthcare Integrity and Protection Data Bank (HIPDB) and the National Practitioner Data Bank (NPDB). Among other things, the rule establishes a transition period to transfer all data in the HIPDB to…
340B Enforcement Activities
The Health Resources and Services Administration (HRSA) has announced plans to strengthen oversight of both covered entities and manufacturers participating in the 340B drug discount program to ensure compliance with program requirements. In fiscal year 2012, the agency intends to, among other things: conduct targeted audits of 340B covered entities to monitor for program violations…
Quality Assurance, Care at HRSA-Funded Health Centers Reviewed
The OIG has issued a report entitled “Quality Assurance and Care Provided at HRSA-Funded Health Centers.” Based on a review of 147 HRSA health centers, the OIG determined that while insufficient documentation prevented detailed assessments of some medical records, almost all health centers had quality assurance programs and health services generally were appropriate for most…
HRSA Proposes Consolidation of National Practitioner Data Bank Reporting Requirements
The Health Resources and Services Administration (HRSA) has issued a proposed rule to implement ACA provisions designed to eliminate duplicative data reporting and access requirements between the Healthcare Integrity and Protection Data Bank and the National Practitioner Data Bank. The ACA requires the Secretary to transfer all data in the Healthcare Integrity and Protection…
GAO Examines Manufacturer Discounts Under 340B Drug Program
The Government Accountability Office (GAO) has issued an ACA-mandated report entitled “Drug Pricing: Manufacturer Discounts in the 340B Program Offer Benefits, but Federal Oversight Needs Improvement.” By way of background, the 340B program limits the prices that participating manufacturers may charge for outpatient drugs purchased by certain “covered entities” that act as “safety net” providers…
OIG Examines State 340B Drug Program Policies
The HHS Office of Inspector General (OIG) has released a report entitled "State Medicaid Policies and Oversight Activities Related to 340B-Purchased Drugs." By way of background, the 340B program limits the prices that participating manufacturers may charge for outpatient drugs purchased by certain “covered entities” that act as “safety net” providers of services to…
OIG Report on Medicaid Rebates for Physician-Administered Drugs
The OIG has issued a report entitled "States’ Collection of Medicaid Rebates for Physician-Administered Drugs." In short, the OIG found that most states comply with the Deficit Reduction Act (DRA) requirements that states collect Medicaid drug rebates for certain physician-administered drugs, and that national drug codes (NDCs) be included on physician-administered drug claims.
HRSA Publishes Proposed Rule Regarding the Exclusion of Orphan Drugs for Certain 340B Covered Entities
This post was originally written for the Life Sciences Legal Update blog by Joseph W. Metro and Vicky G. Gormanly. On May 20, 2011, the Health Resources and Services Administration (“HRSA”) released a proposed rule concerning the exclusion of orphan drugs for certain covered entities under the 340B Program. The 340B Program, enacted pursuant to…
Negotiated Rulemaking Committee to Meet on Medically-Underserved Populations/Health Professional Shortage Areas
The Health Resources and Services Administration has scheduled meetings of the Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas for January 18-20, 2011 and February 16-18, 2011. The Committee, which was authorized by the ACA, will be focusing on the various components of a possible methodology for identifying areas…
Negotiated Rulemaking Committee Meeting on Medically Underserved Populations/Health Professional Shortage Areas
On November 17 and 18, 2010, the Health Resources and Services Administration is hosting a meeting of the Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas. The Committee, which was authorized by the ACA, will be focusing on the various components of a possible methodology for identifying areas of …
Countermeasures Injury Compensation Program (CICP) Interim Final Rule Published
On October 15, 2010, the Health Resources and Services Administration (HRSA) published an interim final rule with request for comments establishing the administrative policies and procedures for the CICP, as authorized by the Public Readiness and Emergency Preparedness Act (PREP Act). The CICP provides benefits to certain persons who sustain serious physical injuries or…
HRSA Seeks Comments on Development of ACA 340B Drug Pricing Program Enforcement Rules
On September 20, 2010, the Health Resources and Services Administration (HRSA) is publishing two advance notices of proposed rulemaking and request for comments regarding the 340B drug pricing program as the agency seeks to implement certain Affordable Care Act (ACA) provisions. Under the 340B program, manufacturers who sell covered outpatient drugs to particular covered entities…
340B Drug Pricing Program Enrollment
The Health Resources and Services Administration (HRSA) has announced that it will start enrollment on August 2, 2010 for entities that are newly eligible for the 340B Drug Pricing Program under the ACA, including children’s hospitals, free-standing cancer centers, critical access hospitals, rural referral centers, and sole community hospitals.
Designation of Medically Underserved Populations and Health Professions Shortage Areas
HRSA has announced plans to establish a Negotiated Rulemaking Committee on the Designation of Medically Underserved Populations and Health Professions Shortage Areas, as mandated by the ACA.
Rural Physician Training Grant Program
The Health Resources and Services Administration (HRSA) has published an interim final rule with request for comment regarding its definition of an “underserved rural community” for purposes of the Rural Physician Training Grant Program under the Affordable Care Act. The interim final rule is effective 30 days after publication, and HRSA will accept…
Negotiated Rulemaking Committee on Medically Underserved Populations and Health Professions Shortage Area Designations
The Health Resources and Services Administration (HRSA) has announced its intent to use a negotiated rulemaking process to establish a comprehensive methodology and criteria for designation of medically underserved populations and primary care health professions shortage areas, as required by the PPACA. As part of this process, HRSA intends to establish a Negotiated Rulemaking Committee. HRSA …