J&J's change to 340B reductions is 'inconsistent' with legislation, HRSA says

J&J's change to 340B reductions is 'inconsistent' with legislation, HRSA says

In a letter final week, Johnson & Johnson knowledgeable sure hospitals of a significant change it plans to make in the way in which it affords reductions on two medicine. The corporate has run into opposition from hospital teams, and the federal authorities plans to take motion.

Efficient October 15, Johnson & Johnson introduced that it’s going to cease offering upfront rebates to disproportionately shared hospitals (DSH) collaborating within the 340B Drug Pricing Program for its plaque psoriasis drug Stelara and blood thinner Xarelto. As a substitute, these hospitals should buy the 2 medicine at full value after which present information to the pharmaceutical firm to later obtain a rebate for the diminished 340B value.

The federal 340B Drug Pricing Program, administered by the Well being Sources and Companies Administration (HRSA), permits eligible hospitals and clinics that serve low-income and uninsured sufferers to buy prescribed drugs on an outpatient foundation at discounted costs. Many pharmaceutical firms have expressed concern about this system as a result of it has grown quickly through the years: There have been 8,100 collaborating suppliers in 2000, in contrast with 50,000 in 2020, in accordance with the Commonwealth Fund.

An HRSA spokesperson advised MedCity Information that it has knowledgeable Johnson & Johnson that the plans for the 340B low cost mannequin are “inconsistent” with the 340B legislation and require Secretariat approval.

“The Secretary has not accredited J&J's low cost mannequin,” the spokesperson stated. “HRSA has forwarded this info to J&J and can take acceptable motion as wanted.”

The company declined to say what particular measures it plans to take.

Johnson & Johnson, nonetheless, argued that the plan complies with the legislation.

“The 340B program doesn’t meet its authentic objective of offering safety-net suppliers with reductions on medicines for weak sufferers,” stated a spokesperson who requested to not be named. “Sufferers don’t notice the total good thing about the 340B program as a result of widespread abuse and misuse. To assist the 340B program higher serve weak sufferers, J&J is implementing cheap, commonplace enterprise practices utilized in different authorities packages and contracts. J&J's use of cheap, commonplace and time-sensitive enterprise practices will assist the 340B program obtain its authentic objective and higher be sure that reductions extra instantly profit weak sufferers.”

“J&J's restricted rebate mannequin is totally according to the 340B Act, which particularly references rebates as a cost mechanism, and is anticipated to cut back legally prohibited abuses of this system by enhancing transparency,” the spokesperson continued.

No less than two hospital associations have spoken out in opposition to Johnson & Johnson's rebate mannequin. 340B Well being, an affiliation of greater than 1,500 hospitals, referred to as on HRSA to announce that drugmakers should proceed to supply upfront rebates. The group stated the rebate system violates the 340B legislation's mandate that drugmakers provide eligible medicine “at or beneath the relevant most value.”

Furthermore, Johnson & Johnson's change would hurt safety-net hospitals, argued Maureen Testoni, president and CEO of 340B Well being.

“This shift would impose huge monetary and administrative burdens on 340B hospitals, which serve weak sufferers and underserved communities,” Testoni stated in a press release. “It might pressure these financially strapped hospitals to incur vital prices and supply income to pharmaceutical firms by paying full value for 340B-eligible medicines. These hospitals can be left with out the essential sources they should deal with sufferers in want, whereas pharmaceutical firms and third events decide when — and whether or not — to approve 340B reductions.”

The American Hospital Affiliation (AHA), a commerce affiliation of almost 5,000 hospitals, additionally contacted HRSA after Johnson & Johnson notified hospitals of its plan.

“The AHA is intently monitoring this case and can proceed to guard hospitals, the sufferers, and the communities they serve from unilateral actions by pharmaceutical firms, similar to these introduced in the present day by J&J,” the group stated in a message to AHA members final week.

Photograph: bong hyunjung, Getty Photographs

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