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Appeals Court Questions Yet Again if it Has Jurisdiction Over Lilly’s 340B Contract Pharmacy Case

Screenshot of 7th Circuit Court Chief Judge Frank Easterbrook on C-SPAN2
Federal appeals court Judge Frank Easterbrook is pictured during an appearance on C-SPAN in 2013. Easterbrook during a court hearing today questioned whether a closely watched 340B contract pharmacy case was ripe for appellate review.

A federal appeals court judge in Chicago expressed doubt during a hearing this morning that the court can review a lower court decision in drug manufacturer Eli Lilly’s 340B contract pharmacy lawsuit.

Judge Frank Easterbrook, the senior judge

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AIDS Advocates Holding Weeklong Protest Over Gilead’s 340B Contract Pharmacy Restrictions and Changes In Patient Assistance Program

AIDS advocates with placards protesting Gilead policy
AIDS advocates are holding a week long series of protests outside Gilead's California headquarters.

AIDS Healthcare Foundation (AHF) members are staging a weeklong, twice-daily series of protests at drug maker Gilead Science’s Northern California headquarters to protest the company’s policy to impose conditions on 340B providers that use contract pharmacies to dispense 340B-priced

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News Alert

Federal Appellate Judges Ask Lawyers, What is a Bona Fide Offer of 340B Pricing?

Screenshot of Judge Gregory Katsas speaking on C-SPAN
Judge Gregory Katsas is on a three-judge panel that will decide the legality of HRSA's 340B program violation letters to Novartis and United Therapeutics. He is shown here speaking at an October 2021 symposium on U.S. Supreme Court Justice Clarence Thomas, for whom he clerked. | C-SPAN

Two of three judges on a federal appeals court panel yesterday repeatedly asked lawyers during a highly anticipated hearing in Washington, D.C., what standard the court should use to decide whether drug manufacturers’ 340B contract pharmacy conditions are legal.

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Breaking News

In Key Hearing, Appeals Court Panel Seems to Lean in Favor of Some Drug Manufacturer Conditions on 340B Pricing

CADC courtroom
A federal appeals court in Washington, D.C., heard arguments this morning in Novartis and United Therapeutics' consolidated 340B contract pharmacy cases.

Two of three judges on a federal appeals court panel strongly indicated this morning that they reject the federal government’s position that nothing in the 340B statute gives drug manufacturers the right to put any conditions on offers of

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NACHC Seeks Meeting with Becerra About 340B Contract Pharmacy Restrictions After “Inexplicable” ADR Decision

NACHC wordmark
NACHC told HHS Secretary Becerra it has “little choice” but to turn to Congress after an HHS panel dismissed NACHC’s 340B overcharging claims against AstraZeneca and Sanofi.

The National Association of Community Health Centers is asking to meet with U.S. Health and Human Services Secretary Xavier Becerra to discuss drug companies’ “unlawful restrictions” on 340B drug shipments to contract pharmacies.

NACHC told Becerra in an

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HRSA Tells AbbVie and Amgen Their 340B Contract Pharmacy Restrictions Are Illegal

HHS HRSA building entrance and signage
HRSA sent AbbVie and Amgen letters yesterday telling the companies their restrictions on 340B pricing when providers use contract pharmacies are illegal and must stop or the companies could face stiff civil monetary penalties.

Federal health officials told drug manufacturers AbbVie and Amgen late yesterday their restrictions on 340B pricing when providers use contract pharmacies are illegal and must end or the companies could be fined.

The Health Resources and Services Administration’s

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Breaking News

Effort Launched to Create 340C—a Separate Drug Discount Program for Health Centers and Possibly Other Entities

Advocates for Community Health wordmark
The health center advocacy group behind a proposed 340B program alternative recently slammed the 340B ACCESS Act, saying the newly introduced drug discount program overhaul bill would make it harder for members to leverage the 340B program and care for patients.

A national community health center association founded last year is launching a campaign to urge Congress to create a separate drug discount program called 340C open to health centers and perhaps rural hospitals and federal grantees.

According to

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Congressman Who Represents Virginia 340B Hospital Profiled by New York Times Is Exploring Oversight and Legislation

Richmond Community Hospital signage and building
U.S. Rep. A. Donald McEachin (D-Va.) is exploring legislative responses to a controversy over a health system's alleged neglect of a profitable 340B hospital in a predominantly Black neighborhood.

The congressman who represents Richmond, Va., told a health system Wednesday he rejects its reasons for ceasing intensive care, maternity, and other vital services at a Richmond hospital in a mainly Black neighborhood despite the hospital allegedly earning millions

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BIO CEO McMurry-Heath Steps Down Amid Reported Conflict with Board

Dr. Michelle McMurry-Heath headshot
BIO CEO Dr. Michelle McMurry-Heath has stepped down amid reports of ongoing dissension within the group over its direction.

Biotechnology Innovation Organization (BIO) on Monday announced the resignation of its CEO, molecular immunologist Dr. Michelle McMurry-Heath, after confirming over the weekend that she was on a leave of absence. BIO is the trade association and top lobbying group

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PhRMA Makes its Case for Invalidating Arkansas’s First-of-its-Kind 340B Contract Pharmacy Law

PhRMA wordmark repeated on blue background
"There is no room for states, pharmacies, or other interests to step in and try to supplant” the federal government’s exclusive control over the 340B program, PhRMA told a federal district court in Arkansas late last week.

The 340B program “has always been uniquely federal in nature” and “there is no room for states, pharmacies, or other interests to step in and try to supplant” the federal government’s exclusive control over it, the brand drug industry

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