Hearings to examine the 340B program, focusing on examining its growth and impact on patients

Health Care Costs and Drug PricingSenate Health, Education, Labor, and Pensions · 2025-10-23 · 119th Congress
The Senate Health, Education, Labor, and Pensions Committee held this hearing to examine the growth of the 340B drug discount program, which lets qualifying hospitals and community health centers buy outpatient drugs at discounted prices, and to review oversight gaps identified by the Government Accountability Office and Congressional Budget Office. Begins at 0:15:04
Transcript
Highlights

Title

Examining the 340B drug discount program's growth and oversight gaps

Purpose

The Senate Health, Education, Labor, and Pensions Committee held this hearing to examine the growth of the 340B drug discount program, which lets qualifying hospitals and community health centers buy outpatient drugs at discounted prices, and to review oversight gaps identified by the Government Accountability Office and Congressional Budget Office. Witnesses from GAO and CBO presented findings on program spending trends and oversight shortcomings, while a UCLA physician-researcher discussed clinical and policy impacts, against a backdrop of an ongoing government shutdown and looming expiration of enhanced ACA premium tax credits. Begins at0:15:04

Who spoke

Chair Bill Cassidy (R-LA)0:15:04: Opened by arguing 340B is not cost-neutral to taxpayers, citing CBO findings that it drives up total health care costs0:15:250:15:52; said a significant share of revenue goes to for-profit middlemen0:17:11 and pressed GAO on hospitals using 340B as a "profit center"1:06:25; later argued expiring ACA subsidies reflect a "structural problem" with the underlying law1:58:19.

Sen. Tammy Baldwin (D-WI), Ranking Member0:20:55: Warned that 22 million Americans face doubled or worse premiums and about 15 million could lose coverage as enhanced ACA tax credits expire0:21:250:21:53; described her role in a bipartisan "Gang of Six" working group with Sens. Capito and Moran on 340B reform0:24:03; later questioned Dr. Feldman on the proposed HRSA rebate pilot's cost impact0:48:31.

Michelle Rosenberg, GAO0:27:11: Explained 340B requires manufacturers to discount outpatient drugs for covered entities, with no statutory requirement on how resulting revenue is used0:27:36; said only five of GAO's recommendations have been implemented since 20110:28:32; noted HRSA cannot verify many nongovernmental hospitals have the required contracts to serve low-income patients0:29:37; said Georgia spent about $54 million administering Medicaid work requirements1:55:16.

Dr. Sen, Congressional Budget Office0:32:35: Presented CBO's report showing 340B purchases grew from $6.6 billion in 2010 to $43.9 billion in 2021, a 19% annual growth rate versus 4% for nationwide brand-name drug spending0:33:49; said vertical integration was the largest contributor to the remaining two-thirds of growth beyond overall drug spending increases0:35:15; identified incentives to prescribe more/costlier drugs, reduce manufacturer rebates, and expand services as spending drivers0:36:06.

Dr. William Feldman, UCLA0:37:42: Said over 40% of U.S. acute care hospitals qualify for 340B, with covered entities purchasing $65 billion in drugs annually0:38:27; warned the program can incentivize placing satellite clinics in affluent areas rather than underserved ones0:39:42; endorsed the bipartisan Sustained 340B framework with reforms including transparency, HRSA funding, and contract-pharmacy limits0:40:130:40:40; recounted treating a patient in diabetic ketoacidosis after losing insulin access1:02:01.

Sen. Tommy Tuberville (R-AL)0:43:02: Said 340B is the only non-taxpayer income source for many hospitals and cited an Alabama hospital that provided nearly $100 million in uninsured care against $70 million in 340B savings in 20250:43:240:43:52; said 80-83% of Alabama's rural hospitals operate at a loss0:45:34.

Sen. Jon Husted (R-OH)0:53:24: Displayed a chart on hospital services spending0:53:24; pressed GAO on why HRSA hasn't verified hospital contracts required by law0:56:030:57:12.

Sen. Patty Murray (D-WA)0:58:21: Said the committee has not held a hearing on expiring ACA tax credits despite 22 million-plus people facing premium spikes and an estimated 5 million becoming uninsured0:59:29; cited an estimated 340,000 health care job losses1:00:54; asked Dr. Feldman about clinical consequences of uninsurance1:01:44.

Sen. Roger Marshall (R-KS)1:03:49: Argued the ACA is "broken," citing $5,000 average deductibles for 24 million people and premium increases of at least 18%1:03:49; said big hospital systems take 94% of 340B dollars while rural hospitals get only 2%1:05:211:05:43; pressed on PBMs and third-party administrators taking a cut1:09:03.

Sen. Tim Kaine (D-VA)1:09:41: Entered a letter from Piedmont Access to Health Services into the record describing use of 340B funds for OB/GYN services after rural hospitals stopped delivering babies1:10:01; described a three-"pillar" financing model (grants, Medicaid/marketplace reimbursement, 340B savings) at risk1:11:50.

Sen. Susan Collins (R-ME)1:15:56: Said Maine hospitals received $144 million from 340B last year, the difference between negative and positive operating margins1:15:56; highlighted Hometown Health Center in Newport, Maine using 340B savings for no-copay medications and transportation1:19:501:20:09.

Sen. Maggie Hassan (D-NH)1:21:32: Asked about transparency steps for 340B savings use1:22:01; described GSK pulling its brand-name children's inhaler to avoid $300 million in inflation-rebate penalties, raising costs for families1:23:47; noted her bill with Sen. Hawley to close a patent-office/FDA loophole1:25:59.

Sen. Lisa Murkowski (R-AK)1:26:10: Asked about contract pharmacies serving rural, roadless Alaska communities, noting GAO found entities averaged 12 contract pharmacies (range 1-400)1:27:54; pressed on ensuring reforms don't cut access in underserved areas1:27:10.

Sen. Andy Kim (D-NJ)1:31:41: Noted the reconciliation bill cuts federal health programs by roughly $1 trillion1:32:301:32:41; asked Feldman about community-benefit standards for 340B hospitals1:33:04; raised the idea of a national duplicate-discount clearinghouse1:36:01.

Sen. Josh Hawley (R-MO)1:37:20: Cited a RAND analysis showing U.S. drug prices are about 250% higher than in 32 comparison countries, with insulin costing $98.70 in the U.S. versus $6.94 in Australia1:37:50; proposed international reference pricing legislation with Sen. Welch1:39:47; said two Missouri counties now have zero pharmacies due to PBM consolidation1:42:20.

Sen. John Hickenlooper (D-CO)1:42:54: Cited a Colorado survey finding 91% of community health centers use 340B for sliding-scale fee discounts1:45:24; questioned which agency should hold 340B oversight authority1:45:53.

Sen. Jim Banks (R-IN)1:48:10: Asked GAO and CBO whether evidence supports higher drug spending at 340B hospitals1:48:10; confirmed there is no requirement that 340B revenue be used at the hospital where it's generated1:50:11.

Sen. Ed Markey (D-MA)1:51:51: Said Massachusetts hospitals expect to lose $350-600 million over the next decade from the reconciliation bill and cited a UNC report finding over 300 rural hospitals at risk of closure1:52:21; cited a Yale estimate of 50,000 deaths per year tied to coverage losses1:57:47.

Sen. Angela Alsobrooks (D-MD)2:03:44: Said a 60-year-old couple earning $85,000 in Maryland would pay $13,700 annually for coverage if tax credits expire, and 90,000 Marylanders could be priced out of insurance2:05:242:05:45; cited a CBO score showing a bill provision weakening drug price negotiation would cost $8.8 billion2:08:20.

Key moments

CBO's Dr. Sen reported 340B drug purchases grew from $6.6 billion (2010) to $43.9 billion (2021), a 19% annual growth rate versus 4% for nationwide brand-name drug spending, with vertical integration the largest driver of the remaining growth0:33:490:35:15.

GAO's Rosenberg testified HRSA has implemented only five of its recommendations since 2011 and cannot verify that many nongovernmental hospitals hold the legally required contracts to serve low-income patients0:28:320:29:37.

Chair Cassidy said big hospital systems are taking 94% of 340B dollars while only 2% goes to rural hospitals1:05:211:05:43, and later criticized child clinics being placed in affluent areas rather than underserved ones, calling it "mission creep"2:03:12.

Sen. Tuberville cited an Alabama hospital that provided nearly $100 million in uninsured care in 2025 against $70 million in 340B savings, arguing the program doesn't fully cover uncompensated care losses0:43:240:43:52.

Rosenberg confirmed there are no requirements on how 340B entities use their revenue and no requirement it be spent at the hospital where it was generated1:50:111:22:28.

Sen. Hawley cited a RAND analysis showing U.S. drug prices run about 250% higher than in 32 comparison countries, with insulin priced at $98.70 in the U.S. versus $6.94 in Australia1:37:50.

Sen. Baldwin said one Wisconsin community health center found HRSA's proposed rebate-model pilot, launching January 1, would raise upfront drug costs by 2,360%0:48:310:49:05.

Sen. Hassan detailed how GSK discontinued its brand-name children's inhaler rather than pay over $300 million in rebates for price hikes above inflation, raising costs for families with asthmatic children1:23:471:24:08.

Exchange between Chair Cassidy and Sen. Markey/Baldwin over ACA structure: Cassidy argued that hospitals in high-coverage states like Massachusetts losing money reveals a "structural problem" with the Affordable Care Act requiring 340B subsidies to compensate1:58:191:58:44, while Markey cited a UNC-commissioned report finding over 300 rural hospitals at risk of closure from the reconciliation bill1:52:21.

Dr. Feldman confirmed no fraudulent uses of 340B in response to Sen. Tuberville0:47:570:48:04, while GAO's Rosenberg said HRSA has repeatedly told GAO it lacks enforcement authority and needs Congress to grant regulatory authority0:30:411:47:01.

Metadata

CommitteeSenate Health, Education, Labor, and Pensions
Chamber / CongressSenate · 119th Congress
Date2025-10-23
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript340 caption blocks · 14,436 words · 2:09:48 runtime
EventCongress.gov 337550