◆ HHS on Oct. 13 extended the COVID-19 public health emergency for another 90 days.^[1] That means the waivers and flexibilities that flow from it will continue.

◆ In an Oct. 13 MLN Connects,^[2] CMS said it will reprocess claims for 340B drugs paid on or after Sept. 28, 2022, “using the default rate,” generally average sales price (ASP) plus 6%, in response to a Sept. 18 federal court decision.^[3] CMS said it is vacating the “differential payment rate for 340B-acquired drugs” in the 2022 outpatient prospective payment system and uploading revised OPPS drug files for the rest of the year. This is the latest chapter of the ongoing skirmishes over the 340B drug-discount program. A decisive win for hospitals came down with the Supreme Court’s June 15 decision that massive cuts to 340B drug payments are “unlawful.”^[4]