Drug manufacturers AstraZeneca and Sanofi have asked a 340B administrative dispute resolution panel to dismiss the National Association of Community Health Centers’ claims that its members are being overcharged due to the companies’ denied or restricted 340B sales when health centers use contract pharmacies.
AstraZeneca and Sanofi’s March 28 motion to dismiss NACHC’s claims came to light in a June 3 joint status report in NACHC’s lawsuit to compel the U.S. Health Resources and Services Administration (HRSA) to publish long-delayed 340B ADR regulations, which HRSA ultimately did in December 2020.
Ryan White Clinics for 340B Access (RWC-340B) filed a companion lawsuit. Both have been put on hold to let NACHC’s ADR proceedings against AstraZeneca and Sanofi and RWC-340B’s proceedings against AstraZeneca go forward.
NACHC and the government and RWC-340B and the government file joint status reports every 90 days in federal district court in Washington, D.C., describing what’s happened in their ADR proceedings during the prior three months. The ADR proceedings and the documents filed in them are not disclosed to the public. The status reports offer a periodic glimpse into what’s occurred in the two ADR complaints.
NACHC status report
According to the status report in NACHC’s lawsuit, AstraZeneca and Sanofi on March 28 filed motions with the ADR panel in their dispute to dismiss NACHC’s claims for relief for alleged overcharging. NACHC opposed those motions on May 18. The two companies are due to reply to NACHC’s opposition no later than July 1.
RWC-340B status report
The status report in RWC-340B lawsuit noted that in February, in response to a federal district court decision in AstraZeneca’s 340B contract pharmacy lawsuit, the ADR panel hearing RWC-340B’s claims against the company asked both sides to file briefs addressing whether the court decision had implications for AstraZeneca’s motion for a stay in the ADR proceedings.
Both sides filed their briefs on March 2, the status report said.