A Closer Look at Tuesday’s Arguments in Federal Appeals Court Over the Legality of the 340B Contract Pharmacy Program

Third Circuit Court building entrance
Today 340B Report takes a closer look at Tuesday's oral arguments in federal circuit court in Philadelphia in three 340B contract pharmacy lawsuits.

On Tuesday we reported about oral arguments before a federal appeals court in Philadelphia in AstraZeneca, Novo Nordisk, and Sanofi’s lawsuits challenging federal agency findings that the companies’ conditions on 340B covered entities’ use of contract pharmacies violate the 340B statute.

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Optimize Specialty Pharmacy Outcomes at ASHP Midyear in Las Vegas

SPONSORED CONTENT

Gain insights from Omnicell Specialty Pharmacy Services thought leaders and Bausch Health during an informative panel-style discussion to deliver proven best practices for optimizing specialty pharmacy to enhance patient outcomes.

This session will take place December 6 from 11:30 AM – 12:30 PM at the ASHP Midyear.

Attendees will learn how to:

  • Navigate the complexities of getting specialty medications to patients in a timely manner
  • Establish strong relationships with pharmaceutical manufacturers that improve access to Limited Distribution Drugs (LDDs) to better serve patient needs
  • Best manage payer interactions to expedite specialty medication prior authorizations and approvals
  • Optimize patient outcomes through improved medication adherence in specialty programs, reducing hospital readmissions

Don’t miss this must-attend Promotional Theater session titled Advancing Adherence and Clinical Outcomes in Specialty Pharmacy.


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With GOP Control of U.S. House, Expect Increased Oversight of 340B Providers

Screenshot of Twitter post by Kevin McCarthy
U.S. House GOP Leader Kevin McCarthy last night posted this tweet announcing his party will be the majority in the chamber for the next two years.

The Republican Party won control of the U.S. House last evening, securing the requisite 218th seat for majority status after the Associated Press declared Rep. Mike Garcia (R) the winner of a race in California.

Democrats on Nov. 12 won

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How One Pharmacy Successfully Pivoted to an Entity-Owned Pharmacy to Overcome Mounting 340B Restrictions

Ben Kelly, VP, Pharmacy Management, Maxor 340B
Ben Kelly, Maxor 340B

SPONSORED CONTENT

When large drug manufacturers began restricting 340B drug discounts for contract pharmacies in 2020, Coastal Bend Wellness Foundation (CBWF) decided to pivot from a co-located pharmacy to entity owned. By doing so, the Community Health Center, which provides services to several rural counties in south Texas, would avoid the restrictions placed on contract pharmacies and continue to benefit from the 340B program.

At the time, CBWF had already partnered with Maxor 340B to design a turnkey, on-site pharmacy and run the day-to-day operations. Overall, the partnership with Maxor 340B was helping CBWF:

  • Enhance their quality of patient care
  • Optimize data transparency and accuracy
  • Improve financial performance
  • Gain access to specially trained pharmacy staff
  • Integrate medical and pharmacy information for patients and providers

When CBWF decided to operate as a wholly-owned pharmacy, Maxor 340B embraced the opportunity to collaborate and make the transition as seamless as possible.

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Breaking News

Two of Three Appeals Court Judges Question Government’s Stance That Drug Companies May Not Impose Conditions on 340B Sales

U.S. Third Circuit Court of Appeals court room
Two judges on a three-judge federal appeals court panel in Philadelphia today questioned whether the 340B statute forbids drug manufacturers from imposing distribution conditions on offers of 340B pricing.

Two judges on a three-judge federal appeals court panel this morning challenged a federal government lawyer’s stance that federal law forbids drug manufacturers from limiting how their drugs may be distributed when they offer to sell the drugs at reduced

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Appeals Court To Hear Arguments Today in AstraZeneca, Novo Nordisk, and Sanofi’s 340B Contract Pharmacy Suits

The seal of the U.S. Third Circuit Court of Appeals
A federal appeals court in Philadelphia is hearing arguments today in AstraZeneca, Novo Nordisk, and Sanofi’s 340B contract pharmacy lawsuits.

A federal appeals court in Philadelphia this morning is hearing arguments in AstraZeneca, Novo Nordisk, and Sanofi’s lawsuits challenging federal agency findings that the drug companies’ 340B contract pharmacy policies are illegal and must stop or the firms could be

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Hospital Group Says Survey Shows Drug Companies’ 340B Contract Pharmacy Limits Are Harmful

AHA survey depicting hospitals' annualized revenue losses
Drug companies' 340B contract pharmacy limits are harming 340B hospitals and their patients, the AHA says a new member survey shows.

Drug company actions to limit 340B pricing through contract and specialty pharmacies are harming 340B hospitals and their patients, according to a new American Hospital Association member survey.  

AHA released the results yesterday. More than 300 hospitals were surveyed in April,

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With Democrats Retaining Control of U.S. Senate, Expect New Leadership in Key Committee

Citizen holding I Voted election sticker
Democrats will still control the U.S. Senate for the next two years, but party control of the House had not yet been determined as of early this morning.

Democrats will still control the U.S. Senate for the next two years, it became clear over the weekend, but control of the House has not yet been decided one week after the Nov. 8 midterm elections.

As of early this

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340B Law Should Be Amended to Include Emergency-Use COVID-19 Drugs, Health Affairs Opinion Article Says

screenshot of Bebtelovimab product page
A screen shot from an HHS video about the monoclonal antibody betelovimab used to treat COVID-19 infection.

The 340B statute should be amended to extend discounts to emergency-use drugs to treat COVID-19 as a first step in rebuilding the COVID-19 safety net, an opinion piece published yesterday in the medical journal Health Affairs says.

The Nov.

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Fake Lilly Twitter Account Tweets “Insulin Is Free Now,” Temporarily Wiping Billions From Company’s Stock Value

screenshot of counterfeit Eli Lilly insulin tweet
On Friday, a counterfeit Eli Lilly account bearing a checkmark that caused many to believe the account was authentic tweeted, “We are excited to announce insulin is free now," causing havoc.

The havoc caused by Twitter’s new policy on user identity verification struck drug manufacturer Eli Lilly last week when a counterfeit account bearing one of Twitter’s new $8 checkmarks tweeted, “We are excited to announce insulin is free now.”

The

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