Second of Three U.S. Appeals Court Hearings on 340B Contract Pharmacy Is Set for Monday

US Appeals Court Seventh Circuit
Oral arguments are scheduled for this Monday at the federal appeals court in Chicago over Lilly's 340B contract pharmacy restrictions.

Now that a federal appeals court in Washington, D.C., has heard arguments in Novartis and United Therapeutics’ 340B contract pharmacy lawsuits, the scene shifts to Chicago, where an appeals court will hear arguments Monday morning in Eli Lilly’s companion case.

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News Alert

Federal Appellate Judges Ask Lawyers, What is a Bona Fide Offer of 340B Pricing?

Gregory Katsas
Judge Gregory Katsas is on a three-judge panel that will decide the legality of HRSA's 340B program violation letters to Novartis and United Therapeutics. He is shown here speaking at an October 2021 symposium on U.S. Supreme Court Justice Clarence Thomas, for whom he clerked. | C-SPAN

Two of three judges on a federal appeals court panel yesterday repeatedly asked lawyers during a highly anticipated hearing in Washington, D.C., what standard the court should use to decide whether drug manufacturers’ 340B contract pharmacy conditions are

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New York State Stands by its 340B-Related Antitrust Claims Against CVS

CVS
New York State last week reasserted claims that CVS Health illegally forces 340B providers to use its 340B TPA Wellpartner.

The New York State attorney general last week reasserted that CVS Health abused its market power by forcing 340B covered entities who use CVS to dispense 340B-priced drugs to use the retail chain’s third-party administrator Wellpartner to process

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Feds in Mediation with Tenn. Health System that Allegedly Paid for Referrals to Boost 340B Profits

Methodist Le Bonheur Healthcare
Methodist Le Bonheur Healthcare and the federal government are meeting with a mediator over the government's 340B-related False Claims Act suit against the system. Methodist says the claims are without merit.

The federal government and a Tennessee health system are meeting with a mediator in connection with a whistleblower lawsuit that alleges that the system paid Memphis-area cancer physicians for referrals that generated $50 million in profits in one

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Breaking News

In Key Hearing, Appeals Court Panel Seems to Lean in Favor of Some Drug Manufacturer Conditions on 340B Pricing

CADC
A federal appeals court in Washington, D.C., heard arguments this morning in Novartis and United Therapeutics' consolidated 340B contract pharmacy cases.

Two of three judges on a federal appeals court panel strongly indicated this morning that they reject the federal government’s position that nothing in the 340B statute gives drug manufacturers the right to put any conditions on offers

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PhRMA Makes its Case for Invalidating Arkansas’s First-of-its-Kind 340B Contract Pharmacy Law

PhRMA
"There is no room for states, pharmacies, or other interests to step in and try to supplant” the federal government’s exclusive control over the 340B program, PhRMA told a federal district court in Arkansas late last week.

The 340B program “has always been uniquely federal in nature” and “there is no room for states, pharmacies, or other interests to step in and try to supplant” the federal government’s exclusive control over it, the brand drug

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Federal Court Clears Way for Medicare to Boost 340B Hospitals’ Part B Drug Payments

U.S. District Court Washington D.C.
A federal district court in Washington, D.C., cleared the way for CMS to resume paying hospitals at ASP +6% for 340B drugs in as quickly as two weeks.

A federal district judge on Monday cleared the way for the Centers for Medicare and Medicaid Services (CMS) maybe in as soon as two weeks to resume paying hospitals at the rate of average sales price (ASP) plus

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UCB Files 340B Contract Pharmacy Suit Against HHS, the Ninth Company to Do So

UCB
Belgian drug maker UCB is the ninth drug company to sue the federal government over 340B contract pharmacy requirements.

Drug manufacturer UCB has sued in federal court to overturn federal health officials’ finding that the Belgian company’s restrictions on 340B pricing when covered entities use contract pharmacies are illegal and must stop or the company could face

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U.S. Appeals Court Tentatively Set to Hear Three 340B Contract Pharmacy Cases on Nov. 15

U.S. Third Circuit Court of Appeals
A federal appeals court in Philadelphia is currently set to hear arguments in a trio of key 340B contract pharmacy cases on Nov. 15.

A federal appeals court in Philadelphia has tentatively scheduled oral arguments in three key 340B contract pharmacy lawsuits for Nov. 15.

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Groups Representing 340B Hospitals Praise Federal Court Decision Halting Deep Medicare Part B Cuts

U.S. District Court for the District of Columbia building
The federal district court in Washington, D.C. has ordered the government to immediately begin to pay 340B hospitals at full rates for Medicare Part B covered drugs.

In a big victory for 340B hospitals, a federal judge in Washington, D.C. ruled yesterday that the government must immediately begin to pay 340B hospitals the full Medicare Part B drug payment rate for the remainder of calendar year (CY)

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