Federal Legislators Move Language Requiring 340B Reporting

The House Energy & Commerce Committee also acted on 340B, approving HR 3290, a bill that would impose 340B reporting requirements on disproportionate share hospitals. The bill permits but does not require, the Department of Health and Human Services (HHS) to extend these requirements to other covered entities (CEs), such as FQHCs. The committee also added and approved language requiring CEs who retain 340B savings on Medicaid MCO drugs to report the amount of these savings to HHS. This marks the first time that a Congressional committee has voted to impose 340B reporting requirements on any covered entities. The committee also approved Medicaid-related language that allows states to decide whether CEs can retain 340B savings on drugs reimbursed under Medicaid managed care – at least for in-house pharmacies.