Who Is Eligible?

These are the only programs authorized by Section 340B of the PHSA to participate in the outpatient discount drug pricing program.  All others are excluded. NOTE: PHSA refers to the Public Health Service Act. SSA refers to the Social Security Act.

(A) Federally-qualified health center (as defined in section 1905(l)(2)(B) of the SSA)

This category includes:

• FQHC Look-alikes
• Consolidated Health Centers (Sec.330(e) PHSA)
• Migrant Health Centers (Sec.330 (g) PHSA)
• Health Care for the Homeless (Sec.330(h) PHSA)
• Healthy Schools/Healthy Communities
• Health Centers for Residents of Public Housing (Sec. 330(i) PHSA)
• Office of Tribal Programs or urban Indian organizations (P.L. 93-638 and 25 USCS §1651)

(B) A family planning project receiving a grant or contract under Sec. 1001 PHSA (42 USCS§3001)

(C) An entity receiving a grant under subpart II of part C of Title XXVI of the Ryan White Care Act (RWCA) (relating to categorical grants for outpatient early intervention services for HIV disease) - Early HIV Intervention Services Categorical Grants (Title III of the RWCA)

(D) A State-operated AIDS Drug Assistance Program (ADAP) receiving financial assistance under the RWCA

(E) A black lung clinic receiving funds under Section 427(a) of the Black Lung Benefits Act (30 USCS§901)

(F) A comprehensive hemophilia diagnostic treatment center receiving a grant under section 501(a)(2) of the SSA

(G) A Native Hawaiian Health Center receiving funds under the Native Hawaiian Health Care Act of 1988 (42 USCS§11701)

(H) An urban Indian organization receiving funds under title V of the Indian Health Care Improvement Act (25 USCS§1601)

(I) Any entity receiving assistance under title XXVI of the PHSA (other than a State or unit of local government or an entity described in subparagraph (D)), but only if the entity is certified by the Secretary

(J) An entity receiving funds under section 318 (42 USCS §247c) (relating to treatment of sexually transmitted diseases) or section 317(j)(2) (42 USCS§247b(j)(2)) (relating to treatment of tuberculosis) through a State or unit of local government, but only if the entity is certified by the Secretary

(K) A disproportionate share hospital (as defined in section 1886(d)(1)(B)) of the SSA -

(i) is owned or operated by a unit of State or local government, is a public or private non-profit corporation which is formally granted governmental powers by a unit of State or local government, or is a private non-profit hospital which has a contract with a State or local government to provide health care services to low income individuals who are not entitled to benefits under title XVIII of the Social Security Act or eligible for assistance under the State plan under this title;

(ii) for the most recent cost reporting period that ended before the calendar quarter involved had a disproportionate share adjustment percentage (as determined under section 1886(d)(5)(F) of the Social Security Act) greater than 11.75 percent or was described in section 1886(d)(5)(F)(i)(II) of such Act; and

(iii) does not obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement.

Who are 340B Patients?

Any patient of a participating 340B entity is considered a 340B patient provided the entity maintains control of the patient's medical records and has the primary responsibility for the patient's care.  For more information, see Definition of a Patient.