Category: Judicial

Johnson & Johnson, Astellas Each Sue to Stop Medicare Drug Price Negotiations

July 20, 2023 William Newton, Associate Editor/Senior Writer Views

Johnson & Johnson and Astellas are the latest drugmakers to sue in federal court to stop Medicare drug price negotiation.

Drug manufacturers Johnson & Johnson and Astellas Pharma have each asked federal district courts to strike down parts of the [...]

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Judge Rejects 340B Provider Challenge to California Medicaid Drug Payment Shift

July 18, 2023 Rich Daly, Editor in Chief Views

A federal district judge in Sacramento, Calif., dismissed a lawsuit on July 17 aimed at reversing the state’s transfer of Medicaid managed care drugs benefits to Medicaid fee for service.

A federal district judge in Sacramento, Calif., recently dismissed a lawsuit aimed at reversing the state’s January 2022 transfer of [...]

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U.S. Chamber of Commerce Asks Court to Pause Medicare Drug Price Negotiations

July 18, 2023 William Newton, Associate Editor/Senior Writer Views

The U.S. Chamber of Commerce asked a federal district court last week for a preliminary injunction against Medicare drug price negotiation.

The U.S. Chamber of Commerce asked a federal district court in Ohio last week to stop Medicare from implementing the [...]

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340B Prime Vendor Apexus and AIDS Healthcare Foundation Are Trying to Settle Lawsuit Over Sub-Ceiling Price Discounts

July 7, 2023 William Newton, Associate Editor/Senior Writer Views

AHF has asked a federal appeals court to reverse an earlier court's decision to dismiss a case against Apexus over its provision of 340B sub-ceiling price discounts on drugs.

Apexus, the federally contracted 340B prime vendor, and AIDS Healthcare Foundation are meeting with a mediator to try to settle [...]

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Health Center Invokes 340B Contract Pharmacy Ruling in Key 340B Patient Definition Federal Lawsuit

June 23, 2023 Tom Mirga, Editor at Large Views

South Carolina health center Genesis Health Care told a federal court that HRSA lacks authority to enforce its 1996 340B patient definition and misinterpreted congressional intent about who is a 340B eligible patient.

Federal health care officials can’t make a South Carolina health center obey their reading of the 340B patient definition for the same reason a federal appeals court said in January that the officials can’t force drug manufacturers to deliver 340B

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PhRMA and Bristol Myers Squibb Sue Separately To Stop Medicare Drug Price Negotiation

June 23, 2023 Laura Gilcrest, Contributor Views

PhRMA filed suit in federal district court in Austin, Texas, to strike down legislation letting Medicare negotiate some drug prices.

Drug industry trade group Pharmaceutical Research and Manufacturers of America and drug manufacturer Bristol Myers Squibb have filed separate federal lawsuits to stop Medicare from negotiating the prices of some drugs, charging that it would impose unconstitutional price controls on

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First Merck, Now Chamber of Commerce Sues to Stop Medicare Drug Price Negotiation

June 15, 2023 Laura Gilcrest, Contributor Views

The U.S. Chamber of Commerce and local and state chambers have sued to stop Medicare from negotiating "maximum fair prices" on a small number of expensive single-source drugs.

The U.S. Chamber of Commerce and three state and local affiliates are asking a federal court to strike down the part of the Inflation Reduction Act that lets Medicare negotiate “maximum fair prices” (MFPs) for some expensive, single-source drugs, arguing

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Federal Court Hearing Next Week on California’s Medicaid Drug Benefit Transfer; Bill Introduced in N.J. with 340B Implications

June 13, 2023 Tom Mirga, Editor at Large Views

A federal district judge in Sacramento, Calif., is holding arguments next week in a lawsuit to reverse the state’s transfer of Medicaid managed care benefits to Medicaid fee for service.

A federal district judge in Sacramento, Calif., is holding oral arguments next week in a lawsuit aimed at reversing the state’s January 2022 transfer of Medicaid managed care benefits to Medicaid fee for service.

Meanwhile, a bill was introduced

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Merck Sues to Stop Medicare Drug Price Negotiation

June 8, 2023 Tom Mirga, Editor at Large Views

Merck has sued to stop the federal government from negotiating prices for certain high expenditure, single source Medicare Part B or Part D drugs

Federal Medicare drug price negotiation “is tantamount to extortion” and must be struck down as unconstitutional, drug manufacturer Merck told a federal district court yesterday.

Merck on Tuesday became the first drug maker to sue to stop the federal government

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New York State Appeals Dismissal of 340B Antitrust Case Against CVS

June 6, 2023 Laura Gilcrest, Contributor Views

New York State has taken its 340B-related state antitrust case against CVS Health to a state appeals court.

New York State is appealing a state trial court’s dismissal of its antitrust case against CVS Health that alleges the pharmacy giant unlawfully forces 340B covered entities to use its 340B third party administrator Wellpartner in order to contract with

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