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Association Signs Comment Letter on Maximum Fair Price Provisions in CMS Draft Guidance

July 2, 2024
Staff

On July 2, America’s Essential Hospitals joined other 340B Drug Pricing Program stakeholders to share concerns about draft federal guidance on implementing maximum fair price (MFP) provisions of the Inflation Reduction Act (IRA).

The groups are concerned the guidance, as proposed by the Centers for Medicare & Medicaid Services (CMS) May 3, 2024, would burden covered entities by requiring identification of 340B claims at the point of sale. This process could result in covered entities paying higher prices when a drug’s MFP is lower than its 340B ceiling price.

The association and other signers of the letter urged CMS to abandon guidance provisions about 340B and develop a workable means for covered entities to continue purchasing pharmaceuticals at the 340B price without identifying a claim at the point of sale, regardless of whether a drug’s 340B ceiling price is lower or higher than MFP; or, alternatively, require manufacturers to sell medications at MFP.

Contact Director of Policy Rob Nelb at rnelb@essentialhospitals.org or 202.585.0127 with questions.

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