The Hidden Tax Impacting American’s Small Businesses

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A federal drug discount program designed to help vulnerable patients is increasingly being used in ways that raise healthcare costs for small businesses.

The 340B Drug Pricing Program allows eligible hospitals and clinics to purchase prescription medicines at steep discounts. Congress created the program in the 1990s to help safety-net providers stretch limited resources and serve more low-income and uninsured patients.

That goal remains worthwhile. The problem is that the law does not clearly require participating hospitals to pass the savings on to patients or prove that the money is being used to expand charity care.

As a result, some hospitals can buy medicines at discounted prices and then bill patients and insurance companies at much higher rates. In some cases, the amount charged may be several times the hospital’s acquisition cost.

Those markups do not affect patients alone. They also raise expenses for employers that provide health insurance, especially small companies with limited bargaining power.

Small businesses already face growing pressure from healthcare costs. Premiums have risen sharply, and many employers have responded by reducing benefits, shifting more costs to workers, or dropping coverage altogether. Unlike large corporations, smaller companies often lack the staff, pricing information, and negotiating leverage needed to challenge high hospital charges.

The expansion of the 340B program has also contributed to consolidation in healthcare. Large hospital systems have purchased independent physician practices and converted them into hospital-affiliated facilities. Once acquired, those practices may become eligible to participate in 340B through the hospital system.

That creates a financial incentive for hospitals to bring more patients and prescriptions into the program. It can also make routine care more expensive. Independent medical practices often charge less than hospital-owned clinics for the same services, so consolidation can raise costs even when the treatment itself does not change.

Another complication involves prescription drug rebates. Many employers depend on rebates from pharmaceutical manufacturers to reduce the cost of their health plans. Drugs purchased under 340B are generally not eligible for the same rebates.

When more prescriptions are processed through the program, employers may lose rebate savings while still paying high claims submitted by hospitals. Those added costs can eventually appear in the form of higher insurance premiums, larger deductibles, and increased employee contributions.

Recent estimates suggest that the program may add billions of dollars to employer healthcare spending each year. For a large corporation, those costs may be difficult but manageable. For a family-owned business or young company operating on narrow margins, even a few hundred additional dollars per employee can affect hiring, wages, and future investment.

Small businesses employ a significant portion of the private-sector workforce and play a major role in local economies. Money spent covering inflated healthcare bills is money that cannot be used to expand operations, purchase equipment, raise salaries or create new jobs.

Congress has begun considering measures that could bring more transparency to the system. One proposal, the Tax Exempt Hospital Transparency Act, would require tax-exempt hospitals to provide additional details in their annual Form 990 filings, including information about how they use revenue connected to the 340B program.

Greater disclosure would not solve every problem, but it would give lawmakers, employers and the public a clearer understanding of where the money goes. It could also help distinguish hospitals that are using the program to support vulnerable communities from those treating it mainly as a source of revenue.

The 340B program should not be eliminated. Many safety-net hospitals and clinics depend on it, and patients in underserved communities need continued access to affordable care.

But preserving the program does not mean ignoring its weaknesses. Congress should require stronger reporting, clearer standards, and greater accountability. Hospitals receiving large discounts should be able to demonstrate that the benefits are reaching patients and supporting the charitable mission the program was created to serve.

Without reform, rising costs will continue to place unnecessary strain on workers and small employers. A program intended to strengthen the healthcare safety net should not become another reason small businesses struggle to provide insurance.

The Western Journal

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