Breaking News

Two of Three Appeals Court Judges Question Government’s Stance That Drug Companies May Not Impose Conditions on 340B Sales

U.S. Third Circuit Court of Appeals court room
Two judges on a three-judge federal appeals court panel in Philadelphia today questioned whether the 340B statute forbids drug manufacturers from imposing distribution conditions on offers of 340B pricing.

Two judges on a three-judge federal appeals court panel this morning challenged a federal government lawyer’s stance that federal law forbids drug manufacturers from limiting how their drugs may be distributed when they offer to sell the drugs at reduced

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Appeals Court To Hear Arguments Today in AstraZeneca, Novo Nordisk, and Sanofi’s 340B Contract Pharmacy Suits

The seal of the U.S. Third Circuit Court of Appeals
A federal appeals court in Philadelphia is hearing arguments today in AstraZeneca, Novo Nordisk, and Sanofi’s 340B contract pharmacy lawsuits.

A federal appeals court in Philadelphia this morning is hearing arguments in AstraZeneca, Novo Nordisk, and Sanofi’s lawsuits challenging federal agency findings that the drug companies’ 340B contract pharmacy policies are illegal and must stop or the firms could be

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Arkansas and Providers File Briefs Defending State’s Novel 340B Contract Pharmacy Law in Important Fed. Court Case

Arkansas Insurance Department office sign
Arkansas insurance officials and Arkansas 340B providers filed briefs in federal district court defending the state's unique 340B contract pharmacy law.

Arkansas’s unique 340B contract pharmacy law is about drug delivery, not drug pricing, and thus does not conflict with the federal 340B statute, Arkansas state officials and 340B providers said recently in the latest volley in the drug industry’s federal

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Hospital Groups Ask Court Again to Make CMS Promptly Repay 340B Hospitals for Illegally Withheld Medicare Drug Reimbursement

CMS building
National hospital groups asked a federal judge again to order CMS to promptly repay 340B hospitals for illegally reduced Medicare Part B drug payments from 2018 through late September.

National hospital groups, as expected, late last week asked a judge again to order the federal government to promptly repay 340B hospitals for illegally reduced Medicare Part B drug payments from 2018 through late September. They asked the first time

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Breaking News

CMS Says It Will Announce Sometime Next Year How it Will Repay 340B Hospitals for Five Years of Illegal Drug Reimbursement Cuts

CMS building
CMS said late this afternoon it will put off until next year its decision on how it will comply with a U.S. Supreme Court decision striking down five years of drug reimbursement cuts for 340B hospitals.

The U.S. Centers for Medicare & Medicaid Services said late this afternoon that it will address how it will remedy five years of illegal Medicare Part B underpayments to hospitals for 340B purchased drugs “in future rulemaking,” rather than in

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Feds and S.C. Health Center Spar Over Center’s Access to Government Info in its 340B Patient Definition Case

Genesis Health Care building and signage
Genesis Health Care's proposed 340B patient definition would remove all limits on dispensing 340B drugs, HHS and HRSA told a federal district judge.

A South Carolina health center and the federal government are sparring over whether the center should have access to more information from the government than it already possesses in its fight to clarify the 340B patient definition.

Oct. 26 court

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Breaking News

Appeals Court Questions Yet Again if it Has Jurisdiction Over Lilly’s 340B Contract Pharmacy Case

Screenshot of 7th Circuit Court Chief Judge Frank Easterbrook on C-SPAN2
Federal appeals court Judge Frank Easterbrook is pictured during an appearance on C-SPAN in 2013. Easterbrook during a court hearing today questioned whether a closely watched 340B contract pharmacy case was ripe for appellate review.

A federal appeals court judge in Chicago expressed doubt during a hearing this morning that the court can review a lower court decision in drug manufacturer Eli Lilly’s 340B contract pharmacy lawsuit.

Judge Frank Easterbrook, the senior judge on the

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

US Appeals Court Seventh Circuit court room
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?

Screenshot of Judge Gregory Katsas speaking on C-SPAN
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 legal.

The

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

CVS retail building
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 their 340B

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