August 27, 2015
From Law360

By Jeff Overley

The U.S. Department of Health and Human Services on Thursday unveiled highly anticipated "mega-guidance" on important policies in the 340B drug discount program, and experts say that fewer patients will be eligible under the new standards.

 It’s quite a shock, actually,” Polsinelli PC counsel Kyle Vasquez said of the guidance on patient eligibility. “There’s a couple game-changers in there.”

In a notable section, HHS said that inpatients cannot be considered patients under 340B, which only covers outpatient drugs. According to Vasquez, that eliminates situations where inpatients, after discharge, could sometimes trigger 340B discounts when having prescriptions filled at contract pharmacies.

“It potentially changes the scope and size of contract pharmacy programs and the revenue associated with those programs,” Vasquez said.

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