There are questions about the legal and practical effects of the administration's action yesterday regarding ex-HHS Secretary Azar's appointments to the new 340B dispute resolution board. | Shutterstock

Biden Administration Withdraws Azar’s Notice of Appointments to 340B Dispute Resolution Board

The Biden administration yesterday withdrew former U.S. Health and Human Services (HHS) Secretary Alex Azar’s Jan. 20 public notice of his appointment of six voting and two ex-officio non-voting members to a new 340B program administrative dispute resolution (ADR) board.

The legal effect of the new administration’s action is unknown. The Trump administration’s Dec. 14 final rule establishing the ADR process took effect Jan. 13. The ADR final rule itself has not been withdrawn under White House Chief of Staff Ron Klain’s Jan. 20 “Regulatory Freeze Pending Review” memo, which covered Trump administration rules not yet published in the Federal Register and published rules that had not yet taken effect when President Biden took office at noon on Wednesday.

The Biden administration yesterday withdrew former U.S. Health and Human Services (HHS) Secretary Alex Azar’s Jan. 20 public notice of his appointment of six voting and two ex-officio non-voting members to a new 340B program administrative dispute resolution (ADR) board.

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