14. Department of Health and Human Services · Minor · Needs Congress
Let CMS use HRSA's 340B data instead of its own survey
Printed page 483 14. Department of Health and Human Services
“Congress should allow CMS to use the 340B data that HRSA collects rather than having CMS conduct its own survey, especially in view of the U.S. Supreme Court’s American Hospital Association v. Becerra decision. The legislation should also create penalties for those who do not respond to HRSA’s data collection.”
What has happened
- Not started
Congress has not authorized CMS to rely on HRSA's 340B data in place of its own hospital acquisition-cost survey, and has created no penalty for failing to respond to HRSA's collection. Seven 340B bills are pending in the 119th Congress - the Rural 340B Access Act, the No 340B Savings for Transgender Care Act, the 340B PATIENTS Act, the 340B ACCESS Act, the SECURE 340B Act and the SUSTAIN 340B Act, plus their companions - and every one is sitting in committee, which is not a rung under playbook 3b. Public Law 119-21 and Public Law 119-75 make no such change. On the executive side CMS's post-*American Hospital Association v. Becerra* remedy has run through the OPPS rules rather than through a data-source change.
No action found yet. This entry is the starting point, not a finding.
Research log
What was searched, and what didn’t count as evidence
Research notes
- Searched: the titles of the bills we keep and search, for “340B” (7, listed above, all ‘Referred to’ or ‘Read twice and referred to’); the Federal Register since 2025-01-20 for the term “340B” (32 documents, read by title - OPPS and IPPS rules, HRSA information collections and the 340B dispute resolution notices, none a statutory data-sharing change).
- This needs an act of Congress. #1268 (restructure 340B subsidies) is the adjacent researched item.
- Action
- other
- Object
- HRSA 340B data collection
- ID
- 1342