An Overview of 340B Drug Pricing Program; A Focus on Administrative Dispute Resolution
Recorded Webinar | Mark R Brengelman | All Days
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This advanced webinar first details an overview of the federal regulatory process of notice and comment rulemaking then delves into the history of the 340B Drug Pricing Program as amended from time to time. The specifics of the 340B Drug Pricing Program are implemented to the public and to health care providers and institutions, including drug companies where millions of dollars in drug purchases are at stake, through federal regulation. As with any bureaucratic program, not all will go smoothly from both sides – the pharmaceutical manufacturers and the purchasers of those products. While current updates are now pending in the federal rules with a Notice of Proposed Rule Making, the basics of the 340B Drug Pricing Program have not significantly changed.
With the government promulgating updates to the 340B Drug Pricing Program that are still pending, an administrative mechanism is created and tweaked to handle disputes from both sides. That is called the ADR, not to be confused with “alternative dispute resolutions” in the law such as mediation and binding arbitration. This is an Administrative Dispute Resolution that establishes, defines, and carries out that dispute process.
The proposed federal administrative regulation notes that under the 340B federal statute, the purpose of the ADR process is to resolve these things from both sides:
(1) covered entities’ claims they have been overcharged for covered outpatient drugs by pharmaceutical manufacturers, and;
(2) pharmaceutical manufacturers’ claims that a covered entity has violated the prohibition on diversion or duplicate discounts.
The proposed federal rule provides for the ADR process to be an administrative process implemented to assist covered entities and manufacturers in resolving these inevitable disputes. From this focus on the ADR process, the remainder of the webinar will detail the administrative procedures that you need to know to stay out of trouble and to comply with the ADR mandates to succeed in any dispute about the 340B Drug Pricing.
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