Questions surrounding Eli Lilly’s new 340B claims data policy continue to intensify as the pharmaceutical company remains silent on its next steps following its compliance deadline for hospitals. The policy requires covered entities to provide claims-level prescription data for all 340B dispensations or risk losing access to 340B discounts. The move marks the latest development in the ongoing dispute between drug manufacturers and hospital groups over the scope, oversight, and future of the federal 340B Drug Pricing Program, with some observers suggesting the issue could ultimately lead to further litigation.
In an article published by Endpoints News, Jesse Dresser discussed the broader implications of Lilly’s policy, noting concerns about conditioning 340B discounts on the submission of claims data when the statute does not expressly require it. He cautioned that imposing additional requirements could set a precedent for future restrictions on participation in the program.
“Today it’s claims data — what if tomorrow it is something else? There is that type of concern that any condition is a threat, because if you can do one, you can do any.”