Federal judge says HHS Secretary Alex Azar exceeded legal authority in setting 340B drug payment rates

There is no current remedy to the proposed 30 percent payment cut.

"While the judge granted the plaintiff's motion entitling them to equitable relief, implementing that relief requires supplemental briefings from both parties, Contreras said.

The judge said that paying 340B hospitals at the 2017 rate, including giving retroactive payments, would likely be highly disruptive for HHS, as an important component of the Medicare Part B scheme is its budget neutrality requirement.

Increasing 340B reimbursement rates for 2018 would likely require HHS to reduce reimbursements elsewhere in the program, he said."