Health Care & Hospital Law,
Government
Jun. 27, 2022
Drug reimbursement rates to hospitals must be equal
Absent surveys that identify hospital drug acquisition costs, the Department of Health and Human Services has no right to withhold money from rural, low-income based hospitals.
In American Hospital Association et al. v. Xavier Becerra, No. 20-114, several hospital groups sued the Department of Health and Human Services (HHS) on the grounds that HHS violated the Medicare Prescription Drugs, Improvement, and Modernization Act of 2003 (“the Act”).
The Act requires HHS to reimburse hospitals for outpatient prescription drugs for Medicare patients, amounting to tens of billions of dollars per year of Medicare reimbur...
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