Reference answer · 340b-program · reviewed quarterly
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Q&A library · 340b-program

How does HRSA define and enforce the 340B orphan drug exclusion?

HRSA enforces the 340B orphan drug exclusion based on whether a product has an FDA orphan designation, not on its clinical use. Certain hospital types, such as critical access and rural referral hospitals, are barred from 340B pricing on these drugs, and must document non‑340B purchases to prove compliance during audits.