Enrollment and Re-Certification of Entities in the 340B Drug Pricing Program and Collection of Manufacturer Data to Verify 340B Drug Pricing Program Ceiling Price Calculations
Enrollment and
Re-Certification of Entities in the 340B Drug Pricing Program and
Collection of Manufacturer Data to Verify 340B Drug Pricing Program
Ceiling Price Calculations
Revision of a currently approved collection
No
Regular
01/12/2026
Requested
Previously Approved
36 Months From Approved
01/31/2026
141,651
109,982
75,448
59,359
0
0
Section 602 of Public Law 102–585, the
Veterans Health Care Act of 1992, enacted section 340B of the
Public Health Service (PHS) Act, which instructs HHS to enter into
a Pharmaceutical Pricing Agreement (PPA) with manufacturers of
covered outpatient drugs. Manufacturers are required by section
1927(a)(5)(A) of the Social Security Act to enter into agreements
with the Secretary of HHS (Secretary) that comply with section 340B
of the PHS Act if they participate in the Medicaid Drug Rebate
Program. When a drug manufacturer signs a PPA, it is opting into
the 340B Drug Pricing Program (340B Program), and it agrees to the
statutory requirement that prices charged for covered outpatient
drugs to covered entities will not exceed statutorily defined 340B
ceiling prices. When an eligible covered entity voluntarily decides
to enroll and participate in the 340B Program, it accepts
responsibility for ensuring compliance with all provisions of the
340B Program, including all associated costs. Covered entities that
choose to participate in the 340B Program must comply with the
requirements of section 340B(a)(5) of the PHS Act. Section
340B(a)(5)(A) of the PHS Act prohibits a covered entity from
accepting a discount for a drug that would also generate a Medicaid
rebate. Further, section 340B(a)(5)(B) of the PHS Act prohibits a
covered entity from reselling or otherwise transferring a
discounted drug to a person who is not a patient of the covered
entity.
US Code:
42
USC 256b Name of Law: SUBPART VII—DRUG PRICING AGREEMENTS
PL:
Pub.L. 102 - 585 601-602 Name of Law: Veterans Health Care Act
of 1992
Currently, there are 59,359
reporting and record keeping burden hours in the OMB inventory.
HRSA is requesting 75,448 burden hours, an increase of 16,089
hours. This increase is due to an increase average burden hours per
response for the “340B Registrations for STD/TB Clinics Form” and
the “340B Registrations for Various Other Entity Types Form.” There
was a small decline in burden in the "PPA and Addendum" form, which
occurred because the number of respondents declined, as opposed to
a change in average burden to the manufacturers.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.