HHS seeks to implement final rule on 340B drug ceiling prices, civil monetary penalties

The Department of Health and Human Services (HHS) proposed to implement, effective Jan. 1, 2019, its final rule addressing ceiling prices for drugs purchased under the 340B Drug Pricing Program. The rule describes how ceiling prices should be calculated and allows the federal government to issue civil monetary penalties against drug companies that intentionally overcharge providers.

HHS previously proposed delaying the rule’s effective date, but instead moved it up in response to a pending lawsuit brought by the American Hospital Association. Comments will be accepted on the proposal through Nov. 23.