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The Omnibus Guidance is Dead!

By Alyce Katayama & Elizabeth Gebarski on February 2, 2017
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Prescription Pill Box-700_440The proposed 340B Drug Pricing Program Omnibus Guidance that was issued in August 2015 and promised to turn the 340B world on its head was withdrawn on January 30, 2017.

Not that most covered entities are upset. The proposed 340B Drug Pricing Program Omnibus Guidance proposed a host of changes to the 340B Drug Pricing Program, a law that requires drug manufacturers to provide discounts on “covered outpatient drugs” to “covered entities,” when those “covered entities” provide the drug to “eligible patients.” As we’ve covered in multiple posts, these changes ran the gamut–and most of the time, to the detriment of covered entities. Probably the most significant proposed change was the overhaul of the patient definition, which, among other things, tightened the nexus between a patient, a prescriber, and the covered entity registered site.

If you are a long-time reader you are probably thinking–I’ve seen this title before. Yup, you absolutely have. This is not the first time the Health Resources and Services Administration (HRSA) and the Office of Pharmacy Affairs (OPA) have attempted to shake up the 340B world.  On December 5, 2014, we told readers that a similar “Mega Rule” was dead. Funny, it was withdrawn as well.

Regardless of what happens, 340B guidance will continue to keep us on our toes.

Photo of Alyce Katayama Alyce Katayama

Alyce Katayama had more than 30 years of experience representing both institutional and individual clients on a wide range of business issues in the health care industry. She dealt regularly with issues surrounding the 340B Drug Discount Program and the Sunshine Act.

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Photo of Elizabeth Gebarski Elizabeth Gebarski

Elizabeth Gebarski focuses her practice in the areas of hospital and health law. Her practice includes advising clients on regulatory and compliance issues, business development, and licensing issues. She is well-versed in providing 340B Drug Pricing Program regulatory, compliance, audit, and contract support…

Elizabeth Gebarski focuses her practice in the areas of hospital and health law. Her practice includes advising clients on regulatory and compliance issues, business development, and licensing issues. She is well-versed in providing 340B Drug Pricing Program regulatory, compliance, audit, and contract support to covered entities, contract pharmacies, and other key stakeholders.

Read more about Elizabeth GebarskiEmailElizabeth's Linkedin Profile
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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    To Be or Not to 340B Blog
  • Organization:
    Quarles & Brady LLP
  • Article: View Original Source

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