Category: Judicial

Major Drugmakers Agree to Negotiate Drug Prices with Medicare

October 5, 2023 William Newton, Associate Editor/Senior Writer Views

Judge Michael Newman of the U.S. District Court for the Southern District of Ohio denied a business group's request to pause Medicare negotiations while legal challenges to the IRA play out.

Medicare drug price negotiations will move ahead as planned after major drugmakers agreed to participate and a federal district judge [...]

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AbbVie Joins Legal Battle Over Louisiana’s 340B Contract Pharmacy Law

October 3, 2023 William Newton, Associate Editor/Senior Writer Views

Hospital groups urged a federal district court to dismiss drugmaker AbbVie's lawsuit against Lousiana's 340B contract pharmacy law.

Drugmaker AbbVie has sued Louisiana over its 340B contract pharmacy law, joining a series of drug industry suits that challenge [...]

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In Key 340B Patient Definition Case, Hospital Group Accuses Drugmakers of “Numerous Misstatements”

October 3, 2023 Tom Mirga, Editor at Large Views

Chief Judge R. Bryan Harwell of the U.S. District Court for the District of South Carolina has not yet decided on 340B Health's request to file an amicus brief in a key 340B patient definition case.

A national hospital group has asked a federal district court for permission “to correct numerous misstatements” that it says drug [...]

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Looming Government Shutdown Poses 340B Program Uncertainty, Potential Legal Proceeding Slowdown

September 28, 2023 William Newton, Associate Editor/Senior Writer Views

A Senate Committee recently approved the FY25 Departments of Labor, Health and Human Services, Education and Related Agencies Appropriations Act.

The government agency that oversees the 340B program will retain just over half of its staff in the event of [...]

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Column: Could the States Resolve the Contract Pharmacy Impasse?

September 28, 2023 Ted Slafsky, Publisher & CEO Views

340B Report Publisher and CEO Ted Slafsky addresses enforcement actions and litigation surrounding state 340B contract pharmacy laws in his latest column.

After a recent lull in the ongoing battle over whether drug manufacturers can continue to place restrictions on access to [...]

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Federal Appeals Court Judges Press Both Sides in Key Hearing on Arkansas 340B Contract Pharmacy Law

September 21, 2023 William Newton, Associate Editor/Senior Writer Views

Chief Judge Lavenski Smith of the 8th Circuit Court of Appeals and two other federal judges heard highly anticipated oral arguments for PhRMA v. McClain in a case that challenges Arkansas' 340B contract pharmacy law.

Attorneys representing Arkansas and 340B providers sparred with a drug industry lawyer over the constitutionality of Arkansas’ first-in-the-nation 340B contract [...]

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AHF Files Appeal Over Its Claim That Apexus Did Not Obtain Sub-Ceiling Discounts

September 19, 2023 Rich Daly, Editor in Chief Views

AHF appealed a ruling to dismiss by U.S. District Judge Percy Anderson over AHF's claim that Apexus did not obtain sub-ceiling discounts..

The AIDS Healthcare Foundation (AHF) recently filed an appeal to an April district court dismissal of its case against Apexus, [...]

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Health Center Challenging 340B Patient Definition Responds to HRSA’s and Drug Companies’ Court Arguments

September 19, 2023 Tom Mirga, Editor at Large Views

Genesis Health Care successfully challenged HRSA's 340B patient definition in the U.S. District Court for the District of South Carolina.

There is no evidence to support federal allegations that a South Carolina community health center illegally diverts 340B-purchased drugs to [...]

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Louisiana AG Defends State 340B Contract Pharmacy Law Against Drug Industry Lawsuit

September 14, 2023 William Newton, Associate Editor/Senior Writer Views

Four hospital associations filed an amicus brief in support of Louisiana Attorney General Jeff Landry's defense of his state's contract pharmacy law.

The Louisiana attorney general recently asked a federal district judge to dismiss a drug industry lawsuit that challenges Louisiana’s 340B [...]

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340B Health Centers Appeal Loss in California Medicaid Lawsuit

September 14, 2023 Rich Daly, Editor in Chief Views

Michelle Baass, director of the California Department of Health Care Services, was the defendant in a California Medicaid lawsuit by health centers.

California health centers that participate in the 340B program recently appealed a federal district judge’s dismissal of a suit to reverse [...]

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