Drugs & FDA The Last Time Washington Went After Hospital Drug Markups, the Supreme Court Blocked It. This Time CMS Brought Receipts.
In 2018 the Supreme Court blocked CMS from cutting the markup 340B hospitals charge Medicare for discounted drugs, because the agency skipped a required survey. CMS ran the survey this time, and found seniors paying co-pays bigger than what the hospital paid for the drug.
By Marcus Chen · July 4, 2026