This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.
Issues at Stake: Contract Pharmacy; ADR Rule; Medicare
Where Things Stand:
- An opinion was issued in one of the three federal Appeals Court
cases addressing contract pharmacy restrictions. The Court found
that HHS could not require drug manufacturers to provide 340B
pricing on drugs shipped to an unlimited number of contract
pharmacies. The Court also upheld the December 2020 Administrative
Dispute Resolution Rule.
- The parties in two stayed cases filed joint status reports in light of the decision in AHA v. Becerra. The government requested that the cases remain stayed pending HHS's decision on a remedy for past underpayment, while the hospitals asked for the stay to be lifted.
Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.