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Urgent Response Required: HRSA Orders Johnson & Johnson to Halt 340B Rebate Plan

Rashmi P R | 25 Sep, 2024

In a significant development regarding the 340B drug discount program, the Health Resources and Services Administration (HRSA) has mandated Johnson & Johnson (J&J) to immediately cease its recently proposed rebate policy for drug discounts. The company's plan, which aimed to require disproportionate share hospital covered entities to obtain discounts through a rebate system after dispensing, has faced widespread criticism for potentially undermining the financial stability of safety-net hospitals.

The 340B program, established to support safety-net providers by offering substantial discounts on outpatient drugs, is crucial for hospitals that serve low-income populations. With J&J's new policy, hospitals would have to float the costs of medications upfront and subsequently seek reimbursement, which could strain already limited resources. This approach contradicts the fundamental purpose of the 340B program and risks jeopardizing access to essential medications for vulnerable patient populations.

HRSA's swift response, articulated in a letter from Administrator Carole Johnson to J&J's leadership, underscores the administration's commitment to protecting the integrity of the 340B program. The letter emphasizes that the proposed rebate model lacks the necessary approval from the Department of Health and Human Services, further affirming HRSA's position that J&J's interpretation of the statute is flawed. This intervention is seen as essential in safeguarding the financial viability of disproportionate share hospitals that provide a significant amount of uncompensated care.

Hospital industry groups, including 340B Health, have welcomed HRSA's action, highlighting the potential detrimental impact on patient care if J&J's plan were implemented. The proposed change could result in hospitals facing increased operational costs and complications in managing their drug inventories, ultimately affecting the level of care provided to patients in need.

As the situation develops, the continued collaboration between HRSA and the hospital sector will be vital in ensuring that the 340B program remains a reliable source of support for safety-net providers and the communities they serve.