Feds Pass on Asking Full Appeals Court to Reconsider Adverse 340B Contract Pharmacy Ruling and Vacate Enforcement Letters to Three Manufacturers

Third Circuit Court
The federal government opted not to ask a federal appeals court to reconsider its opinion upholding three drug makers' restrictions on 340B pricing when their drugs are shipped to be dispensed by contract pharmacies.

The federal government yesterday decided not to ask all 14 judges on the U.S. Third Circuit Court of Appeals in Philadelphia to review a three-judge panel’s unanimous January opinion upholding AstraZeneca, Novo Nordisk, and Sanofi’s restrictions on 340B pricing when

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Lilly Asks Covered Entity to Promptly Repay “Duplicate 340B/Medicaid Discounts”

Lilly
Eli Lilly is conducting government approved 340B provider audits that for the first time look for certain Medicaid health plan duplicate discounts.

Drug manufacturer Eli Lilly asked a 340B covered entity last week to promptly repay it for “duplicate 340B/Medicaid discounts” and evaluate all Lilly prescriptions that it or its contract pharmacies dispensed for the last three years.

Consultants and attorneys with

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New Group 340B Truth Seeks Provider Consensus on Federal Legislation

340B Truth
A new group, 340B Truth, is seeking a covered entity consensus position on 340B reform to take to Congress for quick action.

About a dozen people who advise, help run, or work at 340B covered entities are launching a nonprofit group, 340B Truth, to try to hammer out a covered entity consensus position on 340B reform and urge Congress to pass it

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HHS OIG and HRSA Are Mum About 340B Manufacturer Civil Monetary Penalties and Violation Notices

screenshot of HRSA correspondence to stakeholders web page
HRSA and OIG have no comment on the status of drug manufacturer civil monetary penalties and violation letters stemming from denials of 340B pricing to covered entities that use contract pharmacies.

The U.S. Department of Health and Human Services Office of Inspector General said yesterday it has no comment on the status of referrals from the U.S. Health Resources and Services Administration to fine eight drug manufacturers for failing to offer

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Arkansas and 340B Providers Ask Appeals Court to Back State’s Novel 340B Contract Pharmacy Law

Arkansas Act 1103 text excerpt.
The state of Arkansas and Arkansas 340B covered entities asked a federal appeals court yesterday to uphold the state's novel 340B anti-discrimination law.

The state of Arkansas and Arkansas 340B covered entities separately asked a federal appeals court yesterday to back a judge’s decision in December that the state’s novel 340B anti-discrimination law is not preempted by the 340B statute nor by the

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Senate HELP Panel Likely Leaving 340B Out of Bipartisan Drug Policy Bill That it’s Fast-Tracking

Senate HELP hearing room sign on wall
U.S. Senate HELP staff members reportedly are assembling bipartisan drug policy legislation for a vote maybe as soon as next week, but 340B is expected to be left out of the equation.

U.S. Senate Health, Education, Labor, and Pensions Committee staff members reportedly have decided to exclude 340B issues from a bipartisan drug policy bill they are writing behind the scenes in order to preserve the bill’s odds of being passed next

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News Alert

Spanberger and Johnson Reintroduce PROTECT 340B Act in Congress

Rep. Dusty Johnson (R-SD) and Rep. Abigail Spanberger (D-VA) headshots
U.S. Reps. Dusty Johnson (R-S.D.) and Abigail Spanberger (D-Va.) reintroduced legislation to protect 340B covered entities, contract pharmacies, and individuals with private insurance from discrimination by pharmacy benefit managers and insurance companies.

A Virginia Democrat and South Dakota Republican this afternoon reintroduced bipartisan legislation in the U.S. House to protect 340B covered entities and contract pharmacies from discrimination by insurers and pharmacy benefit managers.

Reps. Abigail Spanberger (D-Va.) and Dusty Johnson (R-S.D.)

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Novartis to Appeals Court: Our New 340B Contract Pharmacy Policy Doesn’t Affect Our Case Before You

Novartis wordmark on a building
Drugmaker Novartis is offering refunds to 340B covered entities on certain purchases of two radiopharmaceuticals.

Drug maker Novartis told a federal appeals court in Washington, D.C. Tuesday its revised 340B contract pharmacy policy “does not impact the legal arguments at issue” in its 340B contract pharmacy case awaiting the court’s decision.

If the court disagrees,

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Two GOP Senators Raise Concerns About PBM’s Infringement on 340B Savings in Recent Hearing

Jonathan Levitt pictured at Senate hearing
The 340B program "is completely frustrated" by pharmacy benefit managers, health care attorney Jonathan Levitt said during a during a Senate Finance Committee hearing on PBMs.

Two Republican U.S. senators expressed concerns about pharmacy benefit manager encroachment on 340B covered entity savings during a Senate Finance Committee hearing on PBMs last week.

“I often hear concerns from South Dakota hospitals and health centers when it comes

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Hospitals Shouldn’t Fear 340B Reporting Requirements, House E&C Republicans Say; Democrat Matsui Raises Concern About Scapegoating

Rep. Larry Bucshon (R-IN) pictured at house hearing
“I don't think there's any anything hospitals should be afraid of when it comes to 340B transparency," Rep. Larry Bucshon (R-Ind.) said during a hearing last week.

Requiring hospitals to report what they make from 340B drug discounts versus what they spend on charity care could be a first step toward tackling full-scale 340B program reform later, a senior Republican on the U.S. House committee with jurisdiction

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