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Pricing & Contracting

340B: Living with the Adolescent Colossus | King & Spalding

Posted by on 01 November 2021
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John Shakow (Partner at King & Spalding), always on the pulse of the challenges facing manufacturers, spoke at MDRP 2021 Hybrid on the heavy-hitting issue – 340B. He shared praise for many of the stakeholders involved in 340B dealings, but it is clear that the program is an, “adolescent colossus,” that needs a major overhaul. There definitely is a lot to talk about on this subject (but not quite enough to change MDRP to the 340B Conference, John, Ha Ha). Watch the full session on-demand below, and download the slides using the 'Download Now' button above.

John Shakow introduces the session:

"Covered entities do very important work. Most CEs deserve praise and appreciation for the very important safety net services they provide, particularly during the pandemic. They are often under-funded and under-resourced, yet provide remarkable benefits to communities in need. A sane system would provide for them directly. Because covered entities often serve the neediest among us, they deserve a funding system that is direct, reliable, and calibrated to compensate them for the charitable care they provide, not one that is:

  • Based on exploiting the spread on one commercial input of their operations (pharmaceuticals)
  • Funded exclusively by one private industry
  • Susceptible to shock when government payors want to pay fair reimbursement
  • Fundamentally reliant on massive markups to patients
  • Prone to compromise care through overutilization of high-spread drugs

Instead, we have an adolescent colossus conceived by Congress in a fit of passion without thought to its long-term maturity and needs. It is a rapidly growing program that does not appreciate its own size, with strong feelings of entitlement, ungoverned and abetted, and quick to bite the hand that feeds it."

Watch the full session on-demand above, and download the slides using the 'Download Now' button above.

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