Category: Judicial

While All Eyes are on 340B Contract Pharmacy Battle, Federal Appeals Court Hears Arguments in Key Case Challenging HRSA’s Patient Definition

April 7, 2022 Tom Mirga Editor at Large Views

Genesis Health Care office sign and facility

A South Carolina health center's lawsuit, now before a federal appeals court, challenges one of of the 340B program's basic elements—the definition of a “patient” eligible to receive 340B drugs.

Part 1 of Two-Part Deep Dive into One of the Most Important and Contentious Areas of 340B Program

While much of the 340B community’s attention has been focused on the contract pharmacy suits winding through the federal court system, there

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340B Patient Definition Is at the Heart of Case Debated Before Federal Appeals Court

April 7, 2022 Tom Mirga Editor at Large Views

A federal appeals court in Richmond, Va., heard arguments last month in a case involving the legality of the 340B program definition of "patient."

Part 2 of a Two-Part Series About One of the Most Important and Contentious Areas of the 340B Program. Read Part 1 here.

An attorney for a South Carolina health center asked a federal appeals court in Richmond, Va., last

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Arkansas Health Centers and Community Hospital Want Role in Challenging PhRMA’s Lawsuit Over State’s Novel 340B Contract Pharmacy Law

March 29, 2022 Tom Mirga Editor at Large Views

Mid Delta Health Center is a member of Community Health Centers of Arkansas, which wants to intervene in PhRMA's lawsuit challenging the state's one-of-a-kind law protecting 340B contract pharmacy arrangements.

Arkansas health centers asked a federal court yesterday to let them intervene in the drug industry lawsuit challenging the state’s one-of-a-kind law protecting 340B contract pharmacy arrangements.

Community Health Centers of Arkansas (CHCA) filed the motion yesterday along with

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Feds Take Over Prosecution of Whistleblower Suit Against Tenn. Health System Alleged to Have Paid Cancer Docs Illegally for Referrals that Boosted 340B Profits

March 24, 2022 Tom Mirga Editor at Large Views

The federal government has decided to intervene in a 340B-related whistleblower lawsuit involving Methodist University Hospital in Memphis, Tenn.

The federal government has decided to intervene in a whistleblower lawsuit that accuses a Tennessee health system of paying Memphis-area cancer physicians for referrals that allegedly generated about $70 million a year in profits for the health system from billings

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California 340B Health Centers Say State “Essentially Admits” Flaws in Medicaid Drug Reimbursement Change

March 24, 2022 Tom Mirga Editor at Large Views

Sherman Heights Family Health Center building

California health centers want a federal court to stop a state Medicaid policy that deprives them of millions of dollars in 340B drug reimbursement.

California health centers told a federal judge last week that the state’s arguments for dismissing the centers’ lawsuit to reverse a new state Medicaid policy that deprives them of millions of dollars in 340B drug reimbursement lack merit.

Community Health

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CMS Asks Judge to Dismiss 340B Health Centers’ Claims in Suit Over Medicaid Drug Benefits Transfer

March 17, 2022 Tom Mirga Editor at Large Views

A California benefits identification card

CMS told a judge last week it "has no authority to second-guess California’s decision" to transfer Medicaid managed care drug benefits to Medicaid fee for service.

The U.S. Centers for Medicare & Medicaid Services (CMS) asked a federal district judge in Sacramento last week to dismiss California health centers’ claims for relief over CMS’s approval of the state’s transfer of Medicaid managed care drug benefits to

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Judge Clears Way for Feds to Appeal His Ruling in AstraZeneca’s 340B Contract Pharmacy Lawsuit

March 15, 2022 Tom Mirga Editor at Large Views

A federal judge has cleared the way for the federal government to appeal his decision in AstraZeneca's 340B contract pharmacy lawsuit.

A federal district judge on Friday entered his final orders and judgement in AstraZeneca’s 340B contract pharmacy lawsuit, clearing the way for the government to file its anticipated appeal.

Judge Leonard Stark of the District of Delaware closed the first

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Novo Nordisk and Sanofi Make Their Cases to Federal Appeals Court in 340B Contract Pharmacy Lawsuit

March 10, 2022 Tom Mirga Editor at Large Views

interior of U.S. Third Circuit Court of Appeals courtroom

Novo Nordisk and Sanofi this week filed briefs with the federal circuit court based in Philadelphia in their appeals of a lower court's rulings in their 340B contract pharmacy lawsuits.

Pharmaceutical manufacturers Novo Nordisk and Sanofi on Tuesday laid out their cases for the next phase of the legal battle over their conditions on 340B pricing when covered entities use contract pharmacies. The cases are before the U.S. Court of

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Non-Hospital 340B Entities Form Group to Fight on Their Own Behalf at National and State Levels

March 8, 2022 Tom Mirga Editor at Large Views

The new non-hospital 340B covered entity group 340B Grantees says its work will include outreach, education, lobbying, and litigation.

Non-hospital 340B covered entities have formed a group called 340B Grantees to fight on their own behalf on legislation, in courts, and perhaps in politics at the federal and state levels.

340B Grantees hasn’t formally announced itself yet and is

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340B ADR Panel Wants to Know if Court Decision Affects HIV Advocacy Group’s Claims Against AstraZeneca and Sanofi

March 8, 2022 Tom Mirga Editor at Large Views

U.S. Dept. of Health and Human Services exterior sign and building

A 340B ADR panel wants to know if a judge's recent ruling in AstraZeneca's 340B contract pharmacy lawsuit has any affect on RWC-340B's dispute resolution petition against Astra and Sanofi.

Drug manufacturer AstraZeneca and two health centers aligned with Ryan White Clinics for 340B Access (RWC-340B) briefed a 340B administrative dispute resolution (ADR) panel last week on whether a recent federal court ruling has implications for the health centers’ 340B

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