July 30, 2020

Manufacturers Seeking 340B Covered Entity Data

Over the past few weeks, Merck has sent letters to numerous 340B covered entities seeking access to all contract pharmacy claims data for its products. Merck requested that the covered entity “share 340B Program contract pharmacy claims data for [its] products” so the it may “use this data to match against rebate claims it receives to ensure it isn’t paying duplicate Medicaid discounts and duplicate discounts on Medicare Part D and commercial utilization through [its] contracts with commercial payers[.]” This would involve the 340B covered entity uploading the requested data every two weeks via a dedicated portal. Though Merck states it seeks to work collaboratively with 340B covered entities through the initiative, the company asserted that it may take further action to assure integrity in the use of the 340B Program if the covered entities do not cooperate with this initiative.