Safety net providers are pushing back on the growing use of 2-tiered policies

Cares Community Health, a 340B safety net provider, filled a lawsuit claiming that the US Department of Health and Human Services (HHS) had unlawfully allowed Humana Health Plan to pay the organization less for drugs obtained through the 340B program.  The US Court of Appeals for the District of Columbia (DC Circuit) heard the challenge against 2-tiered policies and affirmed with the lower courts’ decision to dismissed Cares’ claims. However, the court noted that Congress may have intended for the benefit to remain with safety net providers rather than the insurer in the Public Health Service Act (PHSA). Read article here…

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