340B: WHAT ATTORNEYS NEED TO KNOW TODAY, TOMORROW AND IN THE FUTURE. March 3, 2016 ABA Emerging Issues in Healthcare Conference San Diego, CA

Similar documents
What is the 340B Program?

340B Drug Pricing Program

COMPLIANCE IN THE 340B DRUG PRICING PROGRAM

The 340B Drug Pricing Program

340B Program Update & Recommendations for Monitoring Program Compliance October

THE 340B DRUG DISCOUNT PROGRAM AND INTERPLAY WITH MEDICARE AND MEDICAID REIMBURSEMENT PRINCIPLES. Barbara Straub Williams.

Renee Gravalin, Partner

Webinar Schedule. I. A Guide to the 340B Omnibus Guidance 340B Background Guide to the Guidance

An Introduction to and Updated Regarding the 340B Federal Drug Discount Program

Following this presentation, attendees should be able to: Identify key events in 340B landscape that occurred in 2015 and 2016.

340B Pharmacy Program Compliance insight. ideas Kentucky Primary Care Association attention

Structuring 340B Contract Pharmacy Arrangements: Meeting Legal and Regulatory Requirements

The Federal 340B Drug Discount Program. Compliance and Lessons Learned. Jason Reddish September 24, 2014

Introduction. The Basics of the 340B Program. 340B Drug Discount Program Compliance, Audit & Enforcement Activity. Wesley R.

MATERIAL COVERED TODAY

The 340B Program: Challenges and Opportunities

Table of Contents. Executive Resources, LLC 2015, v. 2

Health Policy Explainer

This training will begin at 12:00pm ET. WebEx Technical Support: Or us at

1/16/2014. David Pointer President, SolutionsRx

340B Drug Program Compliance: Focus on Disproportionate Hospitals

6/11/2013. South Carolina Primary Health Care Association. Overview. 340B Essentials. Disclaimer. 340B Essentials. 340B Essentials

340B Drug Pricing: Don t Become an HRSA Statistic. Wipfli LLP 1

BKD NATIONAL HEALTH CARE GROUP

340B Program: Mega Guidance, Mega Change Pershing Yoakley & Associates, PC (PYA).

340B Contract Pharmacy Arrangements: What Does the Future Hold?

Statement of Conflicts of Interest

America s Voice for Community Health Care

10/2/2015. CPAs and ADVISORS 340B: COMPLIANCE MATTERS AND HERE S WHY MICHAEL R. EARLS, CPA DIRECTOR. experience access // 2 // experience access

340B Program New Developments and Increasing Scrutiny

340B MEGA GUIDANCE WHAT NOW? KENTUCKY HFMA WINTER INSTITUTE JANUARY 21, 2016

A Pharmacy s Guide to 340B Contract Pharmacy Services Best Practices

340B MEGA GUIDANCE WHAT NOW? HFMA REGION 6 DECEMBER 16, 2015

The 340B Drug Pricing Program: Opportunities for Community Pharmacists

11/5/2015 A&A PERSPECTIVE. HFMA Region 9 Conference November 15, Tracy Young, CPA, Partner Brian Bell, Director

Exclusion of Orphan Drugs for Certain Covered Entities under 340B Program

2/25/2016. Today s Objectives. Disclaimer WHAT S NEW IN THE WORLD OF 340B?

340B Compliance, Audits & Opportunities

The Future of 340B. Disclosure

The 340B drug discount program was created in 1992

340B Pharmacy Program Best Practices

August 11, Submitted electronically via Regulations.gov

Medicare 340B Drug Changes Effective 1/1/18. Paul Hernandez, Sr. Manager, Business Health nthrive, Inc.

340B Compliance: Overcoming Challenges with Diversion, Duplicate Discounts, and Orphan Drug Restrictions

340B Guardian Model Overview

DEFICIT REDUCTION ACT OF 2005: IMPLICATIONS FOR MEDICAID PREMIUMS AND COST SHARING CHANGES

4) We will not release any information identifying hospitals or individual respondents without obtaining prior consent.

RE: Proposed Rule: RIN 0906-AA90, 340B Drug Pricing Program; Administrative Dispute Resolution, (Vol. 81, No. 156, August 12, 2016)

Medicaid Program; Covered Outpatient Drugs; Proposed Rule (CMS-2345-P) NHIA Summary

CENTER FOR TAX AND BUDGET ACCOUNTABILITY

114.6 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY MEDICAL SECURITY BUREAU

340B Program Risk: A Perspective for Pharmaceutical Manufacturers

MEDICAID AND BUDGET RECONCILIATION: IMPLICATIONS OF THE CONFERENCE REPORT

Re: CMS 2238 FC (Final Rule: Medicaid Program; Prescription Drugs)

Medicare Reimbursement Update: Hot Trends for 2018 and Beyond. Mark D. Polston King & Spalding (202)

Health Reform Update: Focus on Prescription Drug Price Regulation

8 th Annual Oncology Economics Summit Estimating the Impact of Recent Legislation on Future Growth in the 340B Program

Steve Zielinski Regional Director SUNRx, LLC April 16, 2010

How to Survive a HRSA Audit & Take Corrective Action. William von Oehsen, Principal Powers Pyles Sutter & Verville, PC

Overview of Coverage of Drugs Under the Medicaid Medical Benefit

Medicaid Program; Disproportionate Share Hospital Payments Treatment of Third. AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

Contract Pharmacy Relationships

Contract Pharmacy Arrangements in the 340B Program. Conflicts of Interest. Learning Objectives 2/10/2014. OIG Memorandum Report:

RE: 340B Civil Monetary Penalties for Manufacturers and Ceiling Price Regulations (RIN AA89)

340B Program Contract Pharmacy Self-Audit Tool: Diversion

Chapter 9 Medicaid and 340B

HIV/AIDS Bureau, Division of Service Systems Monitoring Standards for Ryan White Part A and B Grantees: Part A Fiscal Monitoring Standards

TITLE IX REVENUE PROVISIONS Subtitle A Revenue Offset Provisions

CRS Report for Congress Received through the CRS Web

TX Health and Human Services Commission Proposed Rule: 340B Program Reimbursement

Megatrends Reinventing the Ways Your Patient, Provider and Payer Customers Think. Manatt Health November 14, :00 2:00 PM ET

Analysis of the New Medicare Part D Drug Benefit and Changes to Medicare Part B Reimbursement: New Rules of the Road

340B Drug Pricing Program Ceiling Price and Manufacturer Civil Monetary Penalties. AGENCY: Health Resources and Services Administration, HHS.

Re: Comments on Notice Regarding the 340B Pricing Program; Children s Hospitals

The Medicare Secondary Payer Program and Coordination of Benefits Update - Part D and More

December 27, Dear Ms. Verma:

340B Drug Discount Program: Expansion Issues, Diversion Concerns, and Implications for Price Reporting and Compliance

HIGHLIGHTS OF THE HEALTH REFORM RECONCILIATION BILL AS OF 3/15/2010

HRSA Publishes Proposed Rule on the Calculation of 340B Ceiling Prices and Manufacturer Civil Monetary Penalties

2018 Calendar of Key Anticipated Health Care Rules

Jim Frizzera, Principal Health Management Associates

HIV/AIDS Bureau, Division of Metropolitan HIV/AIDS Programs National Monitoring Standards for Ryan White Part A Grantees: Fiscal Part A

Association of Corporate Counsel January 2012 Teleconference CMS Finally Issues Proposed Sunshine Act Regulations

Fundamentals of Healthcare Valuation

Table of Contents. 1.0 Description of the Procedure, Product, or Service Definitions... 1

LEGISLATURE 2017 BILL. reporting by manufacturers and providing a penalty.

January 1, State Notification Regarding Exchanges

NEGATIVE CONSEQUENCES OF THE OHIO PRESCRIPTION DRUG (or Rx) BALLOT ISSUE Families & Children in Medicaid, Pharmacy Services Are Impacted

Here are some highlights of the revised Senate language released July 13:

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 4005

DEPARTMENT OF HEALTH AND HUMAN SERVICES. Office of Inspector General s Use of Agreements to Protect the Integrity of Federal Health Care Programs

Medicaid Supplemental Payments

May 19, As explained more fully below, the 340B Coalition s position on the above three areas is as follows:

Draft Chapter 9 Prescription Drug Benefit Manual

Allowability of Costs for an FQHC Initial Rate Setting or Change in Scope of Services September 27, 2017 Version 1

Recent Developments In U.S. Pharmaceutical Pricing: The Case Example Of The Proposed Medicare Part B Experiment

Special Advisory Bulletin

Manufacturer Patient Support Initiatives: Current Practices and Recent Challenges. Andrew Ruskin Morgan Lewis

Pharmaceutical Summit on Business and Compliance Issues in Managed Markets

December 1, Maryland Department of Health and Mental Hygiene. Prepared by:

Transcription:

340B: WHAT ATTORNEYS NEED TO KNOW TODAY, TOMORROW AND IN THE FUTURE March 3, 2016 ABA Emerging Issues in Healthcare Conference San Diego, CA

2 Presentation Outline What you need to know Today 340B Program Overview What you need to know Tomorrow Current compliance obligations Enforcement actions 2015 Proposed guidance What you need to know in the Future Hot issues and 2016 outlook Action steps

3 What You Need to Know Today

4 340B Program Overview Statute Veterans Health Care act of 1992- Section 340B of the Public Health Service Act (42 U.S.C. 256b) Provides limited rulemaking authority Agency / Regulations Administered by the U.S. Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA), Office of Pharmacy Affairs (OPA) Program is administered via HRSA rulemaking and various forms of guidance documents (including guidance from the contracted technical assistance provider- Apexus) Primary Resources http://www.hrsa.gov/opa http://www.apexus.gov

5 340B Program Basics OPA State Purpose: The 340B Program enables covered entities to stretch scarce Federal resources as far as possible, reaching more eligible patients and providing more comprehensive services. General Mandate: Drug manufacturers must participate the 340B Program in order to participate in Medicaid Basic Elements: 1) Covered Outpatient Drugs Drug manufacturers must provide rebates on covered outpatient drugs 2) Covered Entity Only for drugs dispense by a covered entity (or contract pharmacy) 3) Eligible Patients Only for dispensing to eligible patients of the covered entity

6 Covered Outpatient Drugs FDA-approved prescription drugs Over-the-counter (OTC) drugs written on a prescription Biological products that can be dispensed only by a prescription (other than vaccines) FDA-approved insulin

7 Covered Entities Hospitals Non-profit with formal governmental powers or a contract with state or local government OR be owned/operated by state or local government Must meet disproportionate share hospital payment thresholds Disproportionate Share Hospitals; Cancer; Children s - > 11.75% Rural Referral Centers and Sole Community Hospitals - 8% Critical Access Hospitals- no DSH percentage requirement Subject to restrictions on purchase of outpatient drugs through group purchasing arrangements and/or with orphan designation Federal Grantees/Programs Entity eligibility restricted to grant/program Does not extend to entire organization

8 Patient Current Definition 1) Covered entity has established a relationship with the individual, such that the covered entity maintains records of the individual's health care; - and - 2) Individual receives health care services from a health care professional who is either employed by the covered entity or provides health care under contractual or other arrangements (e.g. referral for consultation) such that responsibility for the care provided remains with the covered entity; - and - 3) Individual receives a health care service or range of services from the covered entity which is consistent with the service or range of services for which grant funding or Federally-qualified health center look-alike status has been provided to the entity. Disproportionate share hospitals are exempt from this requirement.

9 Patient Current Exclusion An individual will not be considered a patient of the covered entity if the only health care service received by the individual from the covered entity is the dispensing of a drug or drugs for subsequent self-administration or administration in the home setting. Exception: Individuals registered in a State-operated or funded AIDS Drug Assistance Program (ADAP) that receives Federal Ryan White funding ARE considered patients of the participant ADAP if so registered as eligible by the State program.

10 Patient Proposed Definition Receives a health care service at a facility or clinic site which is registered for the 340B Program and listed on the public 340B database. Receives a health care service provided by a covered entity provider who is either employed by the covered entity or who is an independent contractor for the covered entity, such that the covered entity may bill for services on behalf of the provider. Receives a drug that is ordered or prescribed by the covered entity provider as a result of the service described in (2). Health care is consistent with scope of the Federal grant, project, designation, or contract Drug is ordered or prescribed pursuant to a health care service that is classified as outpatient. Patient records are accessible to the covered entity and demonstrate that the covered entity is responsible for care.

11 What You Need to Know Tomorrow

12 340B Compliance Primary Focus: No Diversion Transfer of 340B drugs to ineligible individuals or organizations No Duplicate Discounts 340B discount and Medicaid rebate on the same prescription/order Additional Considerations: Must maintain auditable records For certain hospitals Group purchasing prohibition Orphan drug exclusion

13 340B Enforcement HRSA Audits Covered entities and manufacturers http://www.hrsa.gov/opa/programintegrity/index.html Manufacturer Audits Manufacturer inquires Range of specificity Self-Disclosures

14 2015 Proposed Guidance Covers most areas of covered entity and manufacturer compliance and enforcement Focus has been on proposed definition of patient Many significant (and unclear) changes, for example: Definition of covered outpatient drug Eligibility of off-site locations Diversion through accumulation Self-disclosure obligations

15 What You Need to Know in the Future

16 Hot Issues and 2016 Outlook Medicare Part B payment proposals Proposed and final guidance and regulations Audits Continued scrutiny of certain issues 340B revenues by covered entities Scope of contract pharmacy usage Possible legislative action

17 Medicare Part B Payment Proposals Multiple entities are reviewing and considering interplay of 340B pricing with Medicare Part B reimbursement rates OIG Report (http://oig.hhs.gov/oei/reports/oei-12-14-00030.asp) Methodology Amount saved by Part Amount retained by Covered Entities B (2013) (2013) 100% of ASP $162 million $1.11 billion Equally shared savings (in $638 million $638 million 2013, this would have been ASP minus 14.4%) Ceiling Price plus 6% of ASP $1.06 billion $211 million MedPAC Recommendation (http://www.medpac.gov/-public-meetings- /meetingdetails/january-2016-public-meeting) Reduce Medicare Part B drug payments by 10% of ASP (~$300M in savings per MedPAC) Redistribute savings through uncompensated care pool based on Medicare cost report worksheet S-10 data

18 Proposed and Final Guidance/Regs HRSA is considering various impactful guidance documents and regulations These include: Final mega-guidance Proposed mega-guidance issued 8/28/15 80 Fed. Reg. 52,300 Final Manufacturer Civil Monetary Penalties Proposed rule issued 6/17/15 80 Fed. Reg. 34,583 Proposed Administrative Dispute Resolution Recent AMP Final Rule also impacts 340B pricing Edits to 42 C.F.R. Part 447

19 Audits Focus on drug diversion and duplicate discounts Ongoing HRSA audits Available by FY at: http://www.hrsa.gov/opa/ Increasing manufacturer audits and inquiries High variability by manufacturer, product portfolio, and reimbursement profile Interplay of contract auditors

20 Continued Scrutiny Covered entity 340B revenues Grassley Letter to NC hospitals on 340B revenues: Contract pharmacies Carolinas UNC Duke 2008 $12,970,012 - - 2009 $16,697,500 $33,087,329 $88,953,570 2010 $16,910,956 $38,451,076 $109,700,404 2011 $21,065,620 $52,580,763 $131,759,091 2012 - $65,391,050 $135,539,459 Over 5,000 covered entities using approximately 17,000 contract pharmacy locations https://opanet.hrsa.gov/340b/default

21 Possible Legislative Action Increased congressional interest in 340B Senator Grassley concerns Letters to HRSA and NC Hospitals (2013) Regarding covered entities usage of 340B revenues Letter to Walgreens (2013) Regarding 340B contract pharmacy business Letter to Senate requesting hearing (2015) Regarding GAO report on Part B pricing

22 Action Steps Closely follow relevant news sources for 340B developments Keep your ears to the ground Many compliance developments are communicated between covered entities OPA intends to produce a sentinel effect through audit findings Understand both compliance guidance and 340B program operations The devil really is in the details Providing meaningful guidance requires an intimate understanding of the facts Each 340B program is unique- do not make assumptions regarding operations or implementation

QUESTIONS? 23