Are employees of a covered entity eligible to receive 340B drugs?
Covered entities may only distribute covered outpatient drugs to their employees to the extent that these employees meet the patient definition set forth under the 340B Drug Discount Program. For more information on the definition of a patient, please see the Federal Register Notice titled Final Notice Regarding Section 602 of the Veterans Health Care Act of 1992 Patient and Entity Eligibility ( Definition of a Patient). (Vol. 61, No.201, pp 55156-55158, October 24, 1996). The 340B Drug Pricing Program is limited to patients of the covered entity and has never been a general employee pharmacy benefit of self-insured organization pharmacy benefit. Evidence of an employer relationship or insurer relationship is evidence of an employer to employee or insurer relationship which is materially different from a covered entity provider to patient relationship. HRSA has never approved of arrangements that have sought to expansively interpret the 1996 Guidelines to include individuals other than
