Episode 38: RFI Wraps Up, RFK Jr. and Congress Talk 340B Rebates, Contract Pharmacy Circuit Split?

In this episode, 340B Report Publisher and CEO Ted Slafsky, Associate Editors and Senior Writers Shannon Young and Will Newton and National Correspondent Luke Zarzecki break down the latest in 340B news, including the comments submitted to the Health Resources and Services Administration (HRSA) in response to the agency’s 340B rebate request for information (RFI); what Congress and Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. had to say about 340B rebates and the program, in general; and key legal developments with major 340B implications. Key Topics Covered: Rebate RFI Wraps Up Will breaks down the avalanche of responses to HRSA’s RFI seeking comments on whether to implement a future 340B rebate model leading up to the agency’s April 20 deadline. He notes that the submissions came against the backdrop of federal court rulings that blocked HRSA’s initial 340B rebate pilot proposal from taking effect Jan. 1, as many providers and manufacturers were likely writing their comments anticipating a potential future legal challenge if HRSA attempts to implement a new rebate model. Congress and Kennedy on Rebates Luke and Will discuss competing letters circulating in Congress relating to a potential federal 340B rebate model. Shannon discusses what appeared to be Kennedy’s first public comments on 340B rebates, which came during a series of Capitol Hill appearances he made on the Trump administration’s fiscal year 2027 HHS budget proposal. Shannon also highlights the secretary’s criticism of how some 340B hospitals use program savings, as well as praise he shared for the program while fielding lawmakers’ questions. Luke talks about a Senate committee hearing on drug pricing at which a witness pushed to end the 340B program’s current structure and replace it with a direct subsidy program. Key Legal Developments Will breaks down a Richmond, Va.-based federal appeals court’s 2-1 decision against Maryland’s 340B contract pharmacy access law. He notes that the same three judges on the Maryland case also recently decided against West Virginia’s similar 340B contract pharmacy access law. Will explains that those two decisions were the first appellate rulings to side with manufacturers, after three-judge federal appeals court panels unanimously upheld similar laws in Arkansas, Louisiana and Mississippi. Ted and Will also discuss whether the appeals court will grant West Virginia officials’ recent request for a full panel rehearing. Subscribe & Stay Updated How to Follow Us and Learn More About This Episode’s Sponsor Stay tuned for more episodes every other week! 🎧Subscribe to Inside 340B Report on your favorite podcast platform or YouTube. Each episode is brought to you by one of our great Ultra Diamond sponsors. Visante partners with health systems to deliver confidence in 340B—through deep experience, rigorous compliance and relentless focus on program compliance. Learn more at www.visanteinc.com. We are very grateful to Visante for its sponsorship. Subscribe to 340B Report with a Special Discount We’re offering a special discount for podcast listeners. 340B Report is the indispensable source for news and intelligence on the 340B program. First-time subscribers may subscribe now using coupon code PODCAST25. Not ready to subscribe? Sign up for a 15-day free trial.