(Updated November 8, 2016)
Thank you for being part of our community. To ensure the best possible experience for all of 340B Health’s members (including hospitals, HRSA grantees that are associate members, and contract pharmacy affiliates) and Corporate Partners (collectively, “users”), we have established the following rules and guidelines for participation.
By joining and using this community, you agree that you have read and will follow these policies. By following these rules and guidelines, you can help ensure that the community is a great medium that users can use to solicit the advice of your peers, benefit from their experience, and participate in an ongoing conversation. In order to preserve a climate that encourages both civil and fruitful dialogue, we reserve the right to suspend or terminate membership in this community for anyone who violates the policies. We also reserve the right to modify the rules and guidelines at any time. The most current version of the policies will be available on the community website and will supersede all previous versions.
Please take a moment to acquaint yourself with the rules and guidelines. If you have questions about them, please contact Greg Doggett at greg.doggett@340Bhealth.org or 202-552-5859. If you have general questions about the community, please contact Shane Kelley at firstname.lastname@example.org or 202-552-5864.
- Please note carefully all items listed in the legal rules and policies below.
- Don't attack others. The discussions are meant to stimulate conversation, not conflict. Let others have their say, just as you may.
- Don't post commercial messages or job openings on any discussion list or resource library entry.
- Do not use the community to collect other users’ contact information to solicit them regarding your organization’s products or services.
- Use caution when discussing specific companies, products, or services. Information posted to the community is available for all to see, and comments are subject to libel, slander, and antitrust laws. 340B Health does not evaluate, endorse, or recommend particular companies, products, or services, and no mention of a specific product or service in the community should be considered an endorsement or recommendation by 340B Health.
- All defamatory, abusive, profane, threatening, offensive, or illegal materials are strictly prohibited. Do not post anything that you would not want the world to see or that you would not want anyone to know came from you.
- Respect patient privacy. Do not post any patient’s personally identifiable information or protected health information.Do not reproduce postings to this community other than for your organization’s internal use.
- Post your message or documents only to the most appropriate discussion lists. Do not spam several lists with the same message.
- All messages must add to the body of knowledge.
- We reserve the right to reject any message for any reason.
- Include a signature tag on all messages. Include your name, affiliation, and location.
- State concisely and clearly the topic of your comments in the subject line. This allows users to respond more appropriately to your posting and makes it easier for users to search the archives by subject.
- Include only the relevant portions of the original message in your reply. Delete any header information, and put your response before the original posting.
- Send messages such as "thanks for the information" or "me too" to individuals, not the entire community. Do this by using the "Reply to Sender" link to the left of every message.
- Do not send administrative messages, such as “remove me,” to the entire community. Instead, use the web interface to change your settings or to remove yourself. If you are changing your email address, you do not need to remove yourself and rejoin under your new email address. Simply update your email addressing by changing your settings.
- Warn users of lengthy messages either in the subject line or at the beginning of the message body with a line that says "Long Message."
General Legal Rules
This community is provided as a service for 340B Health’s members and Corporate Partners. We do not review postings for completeness, truthfulness, accuracy, usefulness, reliability, or compliance with 340B program rules. 340B Health is not responsible for the opinions and information posted to the community by others. We disclaim all warranties with regard to information posted to the community; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall 340B Health be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits arising out of or in connection with the use, performance, or accuracy of any information posted on the community.
Do not post any defamatory, abusive, profane, threatening, offensive, or illegal materials. Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the user warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the user grants 340B Health the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material.
340B Health will promptly investigate and remove infringing material from the community when notified by the copyright owner. Repeated copyright infringement by users will result in account termination.
Users should be aware that their 340B-related contracts (e.g., a hospital’s agreement with a 340B vendor) may include language that prohibits them from sharing certain information with others parties, such as other users of this community.
Users can notify 340B Health about inappropriate postings by contacting Shane Kelley at email@example.com or 202-552-5864. 340B Health reserves the right to terminate access to any users who does not abide by these guidelines.
In order to comply with federal and state antitrust laws, 340B Health expects its community users to comply with this antirust policy as a condition of using this service. Antitrust laws recognize that participation in the exchange of certain information among healthcare providers can have a positive effect on competition and patient welfare. However, the dissemination and exchange of certain information may raise anti-competitive concerns and also may have the effect of encouraging collusion or group boycotts. Community discussions constitute an ongoing communication between users and, as such, are subject to the same antitrust laws as any general meeting of 340B Health would be.
Generally, users cannot come to understandings, make agreements, or otherwise concur on positions or activities that in any way might tend to raise, lower, or stabilize prices or fees. Users can discuss historical pricing activities, so long as such information is general in nature and does not include data on current or future prices, fees being charged, or other terms and conditions of sale that may lead to agreement on what constitutes a reasonable, fair, or appropriate price or fee to charge for any service or product in any trade area. A price-fixing violation may be inferred from price-related discussions followed by parallel decisions on pricing by users—even in the absence of an oral or written agreement.
It is a violation of antitrust laws to agree not to compete. Therefore, discussions of division of territories or customers or limitations on the nature of business carried on or products sold are not permitted. Discussions about blacklisting or unfavorable reports about particular companies, including their financial situation, are also not permitted.
Users agree to abide by the following policies to ensure compliance with antitrust laws:
- Users shall never provide an exact price for a given product or service that they received or provided, including a percentage saving. Users are allowed to informally survey whether or not other user are receiving statutorily mandated 340B prices, whether through wholesalers, specialty distributors, or manufacturers, but users shall not attempt to conduct formal or informal surveys regarding voluntary sub-ceiling pricing for 340B products, non-340B pricing for drugs, or pricing for any other product or service.
- Users shall not share or discuss contract terms related to pricing or payment issues (e.g., different types of fee arrangements). Users are permitted to discuss contract terms wholly unrelated to remuneration or financial benefit. For example, users may discuss contract terms concerning 340B compliance, such as a provision addressing a vendor’s role in assisting a hospital with regular self-audits.
- Users shall refrain from using language that tends to encourage or invite collusion or boycott. This includes suggestions that users should/should not engage in negotiations with a particular entity, or communications about taking a hardline stance with respect to a certain manufacturer, wholesaler, specialty distributor, payer, pharmacy benefit manager (PBM), pharmacy, vendor, or any other company.
- Users shall not seek the endorsement or approval of members, Corporate Partners, 340B Health staff, volunteers, elected officers, or 340B Health generally, with respect to a negotiating tactic, target price, or other communications relating to sub-ceiling pricing for 340B products, non-340B pricing for drugs, or pricing for any other product or service.
- Users may make suggestions for 340B Health to intervene in or take action on a matter so long as it pertains to regulatory 340B ceiling prices or non-price related activities. For example, it is perfectly acceptable for users to ask 340B Health to investigate and serve as an advocate in situations where a manufacturer appears not to be selling its covered outpatient drugs at 340B prices in violation of federal law.
- Users agree that 340B Health is the sole moderator of this community and, as such, retains the right to modify, redact, or remove any question, communication, or answer that is in violation of these antitrust policies.
As a general rule, any personal information you provide to us, including your name, mailing address, telephone number, and email address will not be released, sold, or rented to any entities or individuals outside of our organization. We may disclose the personal information we collect through the community, when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or subpoena; to prevent or investigate a possible crime, such as fraud or identity theft; to enforce our community rules or other agreements that govern your use of the community; or to protect the rights, property or safety of 340B Health, community users, or others.
Remember the Risks Whenever You Use the Internet
While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to us, and you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition, other websites that may be accessible through our community have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions. Please contact the owners of other websites directly if you have any questions about their privacy policies. You are advised to read other websites’ privacy policies before disclosing any personal information.