RWL partner Steve Kuperberg was recently interviewed by Ted Slafsky, former executive director of the trade association 340B Health and current publisher of 340B Report. In addition to publishing 340B Report, Mr. Slafsky is a monthly contributor to a blog hosted by Pharmaceutical Strategies Group (PSG), a third-party administrator that provides consulting and software solutions to assist healthcare companies with drug cost management, particularly surrounding the 340B federal drug pricing program.
Below is an excerpt from the blog post:
As attorney Steve Kuperberg of Rifkin, Livingston, Weiner points out, “In the case of contract pharmacy, both the agency and Congress have already spoken. Congress enacted 340B in 1992; the agency announced its interpretation of the statute requiring manufacturers to honor contract pharmacy in 1996; and Congress has acted several times, most notably in the ACA in 2010, to expand the scope and effect of the statute with contract pharmacy fully part of the program. If Congress thought that the agency had overstepped regarding contract pharmacy, it needed only to say so in legislative language, a committee report, or even a new statutory mandate. Congress did not because the agency had not. Instead, today the agency drags its heels rather than enforcing its own 24-year continuous and clear viewpoint of the statutory requirements.” Kuperberg notes that there is no need for more regulatory authority in order for HRSA to do its job.
Below are links to the 340B Report and Pharmaceuticals Strategies Group: