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Third Circuit Court Rules for Drugmakers in 340B Contract Pharmacy Cases

Interior of Third Circuit Court courtroom
A federal appeals court ruled today that the 340B statute does not compel drug manufacturers to deliver 340B-purchased drugs "wherever and to whomever a buyer demands."

A federal appeals court in Philadelphia ruled 3-0 this morning that “Congress never said that drug makers must deliver discounted Section 340B drugs to an unlimited number of contract pharmacies.”

“By trying to enforce that supposed requirement, the government overstepped

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Ryan White Clinics for 340B Access Is Dropping its 340B Dispute Resolution Lawsuit

RWC-340B wordmark
RWC-340B is dropping is lawsuit that helped prod HRSA to issue long-delayed 340B dispute resolution rules.

Ryan White Clinics for 340B Access is dropping its lawsuit that, together with a related case, led federal health officials to issue long-delayed dispute resolution rules for the 340B program in December 2020.

RWC-340B, five co-plaintiff 340B covered entities, and

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Federal Court Seals HRSA’s Records in Health Center’s 340B Patient Definition Lawsuit

Genesis Health care facility and signage
The Biden administration will not appeal a high-profile November federal court ruling on the 340B patient definition.

A federal district court in South Carolina yesterday sealed the federal government’s records of the audit, expulsion, and reinstatement of a health center for allegedly diverting 340B-acquired drugs to ineligible patients.

The court order was in Genesis Health Care’s lawsuit

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Breaking: Judge Declines to Order HHS to Promptly Repay 340B Hospitals for Illegal Medicare Part B Drug Reimbursement Cuts

USDC Washington, D.C. court house building
A federal district court in Washington, D.C., declined to order HHS to promptly repay hospitals for illegal Part B drug payment cuts spanning five years.

A federal district judge in Washington, D.C., this morning ruled that Medicare Part B underpayments to hospitals for 340B drugs from 2018 to 2022 were unlawful. But in a disappointment for the hospital groups that sued, the judge declined to

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U.S. District Court Orders 340B Report to Destroy and Not Divulge Legally Obtained Information in 340B Patient Definition Case

Screenshot of District of South Carolina Genesis Health Care Inc. v. Becerra et al court order
A federal district court ordered 340B Report to destroy and not divulge the contents of legally obtained records filed by the federal government in a lawsuit over the 340B patient definition.

A federal district court in South Carolina ordered 340B Report late yesterday to destroy and not release information from more than 9,000 pages of documents that the federal government filed in a public database Thursday in a community health center’s

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PhRMA Takes its Fight Against Arkansas 340B Law to Federal Appeals Court

U.S. Eighth Circuit Court of Appeals building
PhRMA has asked the federal appeals court in St. Louis to overturn a lower court's ruling that federal law does not preempt Arkansas’s novel 340B anti-discrimination law.

Brand drug manufacturers have asked a federal appeals court to overturn a judge’s ruling last month that Arkansas’s novel 340B anti-discrimination law is not preempted by the 340B statute nor by the U.S. Food and Drug Administration’s Risk Evaluation and

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Amgen Sues HHS in Defense of the Company’s 340B Contract Pharmacy Restrictions

Amgen wordmark on building
Amgen yesterday sued HHS and HRSA in defense of its conditions on 340B pricing when hospitals use contract pharmacies.

Biopharmaceutical manufacturer Amgen yesterday became the 10th drug manufacturer to sue the federal government over the government’s position that the 340B statute requires drug companies to provide 340B-priced drugs to multiple contract pharmacies without conditions.

California-based Amgen filed suit

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340B Report Analysis: Federal 340B Law Gives States Room to Regulate their Own Drug Distribution Systems, Judge Rules in Arkansas Contract Pharmacy Case

U.S. District Court Little Rock, AR court room
A federal judge in Little Rock, Ark., held that the state's novel 340B anti-discrimination law is not preempted by federal laws.

As we reported on deadline on Tuesday, a federal district court ruled this week that Arkansas’ novel 340B antidiscrimination law is not preempted by federal laws governing the 340B program, a decision that strikes down one of two legal arguments

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Breaking: Federal Law Doesn’t Preempt Arkansas’s Novel 340B Contract Pharmacy Law, Judge Rules

Arkansas Insurance Department office sign
The Arkansas Insurance Department will imminently enforce a state 340B contract pharmacy law following a key federal appeals court decision.

A federal district judge ruled yesterday that Arkansas’s novel 340B anti-discrimination law is not preempted by the 340B statute nor by the U.S. Food and Drug Administration’s Risk Evaluation and Mitigation Strategies requirements.

U.S. Senior District Judge Billy Roy Wilson’s

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Provider of HIV/AIDS Care Refiles Suit Against 340B Prime Vendor

AHF
AIDS Healthcare Foundation (AHF) last week refiled its lawsuit against federally contracted 340B prime vendor Apexus

California-based AIDS Healthcare Foundation (AHF) last week refiled its lawsuit against Delaware-based federally contracted 340B prime vendor Apexus, setting forth facts that AHF argued gives a federal district court in California jurisdiction over the case.

AHF, based in Los Angeles,

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