A Blizzard in July (of Briefs in 340B Contract Pharmacy Lawsuits)

office worker holding a stack of papers
Multiple briefs have been filed recently in federal appellate lawsuits over the government's enforcement ability with the 340B contract pharmacy program.

There’s been a burst of activity in federal appellate lawsuits over the legality of drug manufacturers’ conditions on 340B pricing involving contract pharmacies.

During the past two weeks, AstraZeneca, Lilly, Novo Nordisk, and Sanofi filed briefs restating their belief that

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Hospitals Want Expedited Order Stopping Medicare Payment Cuts for 340B Drugs 

patient receiving an IV infusion
340B hospitals want an expedited court order stopping CMS from "unlawfully underpaying for 340B drugs."

Hospital groups and health systems asked a federal appeals court on Monday to send their successful U.S. Supreme Court lawsuit over Medicare Part B reimbursement cuts for 340B drugs back to a district court for more proceedings. “The government does

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Biden Administration Kills Trump-era Rules Casting Doubt on HHS Guidance and Enforcement Actions

hand dropping crumpled paper into metal mesh wastebasket
The Biden administration repealed Trump-era rules that it said hindered HHS from issuing guidance and bringing enforcement actions.

The Biden administration yesterday repealed Trump administration final rules that it said hindered the U.S. Health and Human Services Department’s (HHS) ability “to issue guidance, bring enforcement actions, and take other appropriate actions that advance the department’s mission.”

Under ex-President

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340B Report Publisher and CEO: What to Expect Following Midterm Elections

A roll of I Voted, Yo Vote stickers
Look for the GOP to try again to put more restrictions on the 340B program if the party takes over the U.S. House, 340B Report Publisher and CEO Ted Slafsky says.

Congress’ attitude toward the 340B program will likely change in 2023 and 2024 because of November’s midterm election results, 340B Report Publisher and CEO Ted Slafsky predicts in his latest column for Omnicell.

It is customary for the party that

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U.S. Supreme Court Formally Notifies Lower Court and Parties About its Decision Striking Down Medicare Part B Drug Payment Cuts for 340B Hospitals

The Supreme Court of the United States building
Major hospital groups have asked the Supreme Court to review a case that challenges HHS' DSH payment formula.

The clerk of the U.S. Supreme Court on Monday formally notified the clerk of a federal appeals court in Washington, D.C., and lawyers for three hospital groups and three health systems of the high court’s June 15 judgement in the

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Senate Democrats Optimistic About Passing Drug Pricing Bill Before August Recess

Rachel Cohrs and Sen. Ron Wyden headshots
Senate Finance Chair Ron Wyden (right) said yesterday during a webinar moderated by STAT correspondent Rachel Cohrs (left) that Senate Democrats want to pass drug pricing legislation "right now, before everybody leaves for August."

U.S. Senate Democrats are hopeful that drug pricing legislation will be passed by early next month via a budget reconciliation process requiring just 50 Democratic votes, a Democratic source with knowledge of the process told 340B Report.

“Our expectation is, we’re

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Hospital Groups Cheer, Private Cancer Docs Deplore CMS’s Decision to End Deep Cut in 340B Hospitals’ Drug Payments

Centers for Medicare & Medicaid Services wordmark
340B hospitals are happy that CMS has decided to end a deep cut in the hospitals' Medicare drug reimbursement. Private oncology practices call the decision "“an outrageous dereliction of duty."

Groups that represent 340B hospitals praised the Biden administration’s decision Friday to end a deep cut in the hospitals’ Medicare Part B drug reimbursement in place since 2018. They urged the government to swiftly make 340B hospitals whole for their

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HRSA’s 340B Program Website Gets a New Look

HRSA 340B drug pricing program screenshots
HRSA refreshed its 340B drug pricing program website last week, the first major change in the site's appearance in about four years.

The U.S. Health Resources and Services Administration (HRSA) Office of Pharmacy Affairs (OPA), the unit within the Health and Human Services Department (HHS) that runs the 340B drug discount program, refreshed the OPA site late last week. This is the

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AHF Sues Express Scripts Over Medicare Part D Reimbursement Claw Backs

Metal claw
AIDS Healthcare Foundation accuses Express Scripts of using its market power to wrongly claw back millions of dollars in Medicare drug reimbursement from pharmacies.

Pharmacy benefits manager Express Scripts unfairly uses a Medicare pharmacy ratings system to wrongly claw back millions of dollars in drug reimbursement from pharmacies participating in the Medicare Part D prescription drug program, AIDS Healthcare Foundation (AHF) alleges in a

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News Alert

181 House Members Prod HHS to Start Fining Drug Makers for “Unlawful” 340B Overcharges Involving Contract Pharmacies

East elevation of the U.S. Capitol building
181 bipartisan U.S. House members on Friday urged HHS to quickly fine all drug manufacturers that deny 340B pricing when covered entities use contract pharmacies.

One hundred eighty-one U.S. House members—144 Democrats and 37 Republicans—urged the Biden administration on Friday to quickly impose civil monetary penalties against all drug manufacturers that restrict access to 340B pricing when covered entities use contract pharmacies.

“Manufacturers have received

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