Kelly Cleary Quoted in Modern Healthcare on CMS’s 340B Proposal

July 17, 2023

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Akin health care & life sciences partner Kelly Cleary has been quoted in the Modern Healthcare story “CMS’ 340B proposal ‘hard pill to swallow’ for some hospitals.”

The article reported on the Centers for Medicare & Medicaid Services’ (CMS) proposed rule to provide more than 1,600 hospitals that treat low-income and uninsured patients with a lump-sum payment at the end of 2023 or in early 2024 after the Supreme Court decision that invalidated CMS’s program cuts for Medicare 340B payments.

Cleary said that CMS has been consistent in its position that any remedies for 340B drug payment cuts must be done in a budget-neutral manner, as statutorily required. “There has been some disagreement [regarding budget neutrality], and it seems the agency is trying to insulate itself from other legal challenges,” she said.

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