![]() Prior to 2018, the Medicare payment rate for Part B covered outpatient drugs provided in outpatient hospitals was generally the statutory default of average sales price (ASP) plus 6%. Section 340B of the Public Health Service Act (340B) allows participating hospitals and other providers to purchase certain covered outpatient drugs or biologicals (hereinafter referred to collectively as “drugs”) from manufacturers at discounted prices. This fact sheet discusses the provisions of the proposed rule (CMS- 1793-P), which can be downloaded at ĬMS anticipates issuing the final rule before the Calendar Year (CY) 2024 Outpatient Prospective Payment System/Ambulatory Surgery Center (OPPS/ASC) final rule is published in Fall 2023. ![]() This proposed rule will have a 60-day comment period, which will end on September 5, 2023. Aspects of this proposed policy will affect nearly all hospitals paid under the OPPS. CMS is publishing this proposed rule to remedy the payment rates the Court held were invalid. ![]() 1896 (2022)) and the district court’s remand to the agency, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule outlining the proposed remedy for the 340B-acquired drug payment policy for Calendar Years 2018-2022. On July 7, 2023, in light of the Supreme Court’s decision in American Hospital Association v.
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