N.Y. State Judge Dismisses 340B-Related Antitrust Suit Against CVS

CVS Health signage
A New York State judge dismissed the state attorney general's 340B-related antitrust lawsuit against CVS Health.

A New York State judge has dismissed the state’s antitrust lawsuit alleging that CVS Health illegally makes 340B covered entities use its 340B third party administrator Wellpartner in order to contract with CVS retail and specialty pharmacies to dispense 340B-purchased

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Feds Considering Asking Full Appeals Court to Rehear Case Over AstraZeneca, Novo Nordisk, and Sanofi’s 340B Contract Pharmacy Policies

Seal of the U.S. Court of Appeals for the Third Circuit
HHS might ask the full U.S. Third Circuit Court of Appeals to rehear a a lawsuit over AstraZeneca, Novo Nordisk, and Sanofi’s 340B contract pharmacy policies.

The federal government may ask all 14 judges on the U.S. Third Circuit Court of Appeals to review a three-judge panel’s unanimous January opinion upholding AstraZeneca, Novo Nordisk, and Sanofi’s restrictions on 340B pricing when their drugs are shipped to

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Arkansas 340B Contract Pharmacy Law “Trespassed on Exclusively Federal Turf,” PhRMA Tells Appeals Court

US Eighth Circuit Court of Appeals building
A decision upholding Arkansas' state contract pharmacy law from the U.S. 8th Circuit Court of Appeals could cause more states to push similar laws, attorneys and lobbyists said.

Pharmaceutical Research and Manufacturers of America asked a U.S. appeals court in St. Louis, Mo. last week to strike down Arkansas’s first-of-its-kind 340B contract pharmacy law, arguing that it intrudes on the 340B statute and frustrates Congress’ intent to limit

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Judge Pauses PhRMA’s 340B Administrative Dispute Resolution Lawsuit

US District courthouse and signage in Baltimore, MD
A federal district judge in Baltimore has paused PhRMA's lawsuit challenging the current 340B program administrative dispute resolution process.

A federal district judge in Baltimore, Md., yesterday stayed the brand drug industry’s lawsuit challenging the December 2020 340B program administrative dispute resolution final rule.

Lawyers for Pharmaceutical Research and Manufacturers of America and U.S. Health and Human Services Secretary

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Calif. Medicaid Drug Benefit Transfer Will Harm Care at 340B Health Centers, National and State Groups Tell Court

US District Court Sacramento building and United States flag
The National Association of Community Health Centers and the California Primary Care Association filed briefs in federal district court in Sacramento in a case that seeks to reverse California’s shift of Medicaid pharmacy benefits to Medicaid fee for service.

National and state health center associations have filed amicus briefs in a lawsuit over California’s shift of Medicaid pharmacy benefits to Medicaid fee for service. They say the move will cost 340B providers in the state millions in savings needed

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Drugmakers Urge Appeals Courts to Follow Third Circuit Ruling and Uphold 340B Contract Pharmacy Restrictions

Digital rendering of a courtroom
Lilly, Novartis, and United Therapeutics want the appeals courts hearing their 340B contract pharmacy cases to follow the lead of the appeals court in AstraZeneca, Sanofi, and Novo Nordisk’s cases and uphold their 340B policies.

Drugmakers Lilly, Novartis, and United Therapeutics this week urged federal appeals courts in Chicago and Washington, D.C., to follow the lead of the appeals court in Philadelphia and uphold their restrictions on 340B providers’ use of contract pharmacies.   

Lilly on

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AHA Seeks Meeting with HHS About Repaying 340B Hospitals for Illegal Medicare Drug Reimbursement Cuts

AHA seal on office wall
The AHA wants to meet with HHS to hear how the government will repay 340B hospitals for five years’ worth of illegal Medicare Part B drug reimbursement cuts.

The American Hospital Association yesterday asked to meet with the team of federal officials that will decide how the government will repay 340B hospitals for five years’ worth of illegal Medicare Part B drug reimbursement cuts. The amount of refunds

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The Day After: Stakeholders Take Stock of Third Circuit Court’s 340B Contract Pharmacy Opinion

United States Third Circuit Court building entrance
Drug makers "need not help [covered entities] maximize their 340B profits," a federal appeals court in Philadelphia said yesterday in holding that three manufacturers' restrictions on delivery to contract pharmacies do not violate the 340B statute.

Covered entities may still use the 340B program under drug manufacturers’ conditions on the use of contract pharmacies, and while they “cannot squeeze as much revenue out of it as they once could, drug makers need not help them maximize

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Breaking News

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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