Lawmakers Call on HHS to Stop Drug Companies from Denying 340B Drug Pricing

Members of Congress of both parties are requesting that the Department of Health and Human Services (HHS) take action to ensure that providers participating in the 340B drug pricing program can continue to receive discounted drug prices through the program. On September 17, 2020, a bipartisan group of 28 Senators wrote to HHS requesting action, following a similar request on September 14, 2020 from a bipartisan group of 243 members of the U.S. House of Representatives and a September 3, 2020 letter from House Democratic leaders of the Energy and Commerce Committee. Senator Joe Manchin (D-WV) sent a separate letter on September 15, 2020.

The letters are in response to recent actions by drug manufacturers to stop offering 340B-discounted prices for drugs dispensed through pharmacies under contract with 340B providers. The letters urge HHS to require manufacturers to continue offering 340B pricing, including for drugs dispensed through contract pharmacies.

The group of 28 Senators calling for HHS action included 12 Republicans, one independent, and 15 Democrats, including the ranking members of the Health Education, Labor, and Pensions (HELP) and Finance Committees. The Senators shared their belief that recent manufacturer actions "run counter to the statute."

The bipartisan letter from 243 members of the House, led by Representatives David McKinley (R-WV), Diana DeGette (D-CO), Greg Gianforte (R-MT), Dusty Johnson (R-SD), Doris Matsui (D-CA), and Peter Welch (D-VT) indicated, "There are no provisions in the statute that allow manufacturers to set conditions or otherwise impede a provider's ability to access 340B discounts."

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