Feldesman Partner Steve Kuperberg was recently quoted in the 340B Report in connection with a U.S. Senate investigation into drug pricing practices and their broader impact on safety-net providers.

The article examines a Senate report scrutinizing a pharmaceutical manufacturer’s use of an “authorized generic” strategy to avoid Medicaid rebate obligations following significant price increases on a widely used asthma medication. The report raises concerns about potential downstream effects on the 340B program and provider savings.

Mr. Kuperberg provided insight into the broader policy landscape, noting that, in the absence of comprehensive drug pricing regulation in the United States, manufacturers are incentivized to maximize profits while products remain under patent protection. He also highlighted that the 340B statute itself was enacted in part to address unintended consequences of the Medicaid Drug Rebate Program.

As the article underscores, these issues reflect ongoing challenges in balancing public and private interests in drug pricing policy and the need for continued dialogue among stakeholders.

If you have questions about how these developments may affect your organization or the 340B program, please contact Steve Kuperberg or a member of Feldesman’s 340B practice.

Read the full article here.