Category: Judicial

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

In Federal, JudicialJune 15, 2023253 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

In Federal, Judicial, Legislative, StateJune 13, 2023322 Views

Tom Mirga

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

In Federal, Judicial, Pharma IndustryJune 8, 2023256 Views

Tom Mirga

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

In Judicial, StateJune 6, 2023302 Views

Laura Gilcrest

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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HHS, HRSA Tell Judge They Don’t Know When They’ll Replace 340B Dispute Resolution Process

In Federal, Judicial, RegulatoryJune 6, 2023215 Views

Tom Mirga

HHS and HRSA recently told a federal district court they “are unable to predict” when they will finally replace HRSA’s 340B administrative dispute resolution proces.

The U.S. Department of Health and Human Services and the Health Resources and Services Administration “are unable to predict” when they will finally replace HRSA’s 340B administrative dispute resolution process, the government said in a recent legal filing.

The government

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CMS Is a Step Closer to Saying How It Will Fix Medicare Drug Payment Cuts for 340B Hospitals

In Federal, Judicial, RegulatoryMay 31, 2023842 Views

Tom Mirga

CMS sent its proposed remedy for illegal Medicare Part B drug payment cuts for 340B hospitals to the White House for clearance to be released.

The U.S. Centers for Medicare & Medicaid Services has sent its proposed remedy for almost five years of illegal Medicare Part B drug payments cuts for 340B hospitals to the White House for clearance to be published in the Federal

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Arkansas 340B Contract Pharmacy Law Trespasses on Federal “Closed System,” PhRMA Tells Court

In Federal, JudicialMay 31, 2023935 Views

Laura Gilcrest

Arkansas' 340B contract pharmacy law has no place in the federal 340B “closed system,” PhRMA told a federal appeals court.

Arkansas’ 340B contract pharmacy law, for now the only state law of its kind, has no place in the federal 340B “closed system,” Pharmaceutical Research and Manufacturers of America (PhRMA) recently told a federal appeals court.

“340B is a closed

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Health Centers’ Antitrust Case Over 340B Contract Pharmacy Limits Will be Argued July 20

In Federal, JudicialMay 23, 2023461 Views

Tom Mirga

There will be a federal district court hearing July 20 in Rochester, N.Y., in two health centers' 340B-related antitrust suit against insulin and diabetes drug makers.

A once-dead lawsuit that accuses drug makers of colluding to deny 340B pricing on insulin and diabetes drugs shipped to contract pharmacies is going to be heard July 20 in federal district court in Rochester, N.Y.

Chief Judge Elizabeth Wolford

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340B Health Centers Urge N.Y. State Trial Court to Block Medicaid Pharmacy Transfer

In Judicial, StateMay 4, 2023397 Views

340B Report

Two New York health centers are seeking a preliminary injunction against the state's shift of Medicaid managed care pharmacy benefits to Medicaid fee for service.

Two New York health centers have filed a new request with a state trial court to stop a recently launched state pharmacy benefit transfer, which the plaintiffs argue will cost providers millions in annual 340B revenue.

The April 26

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Judge Denies Health Center’s Request for More Government Files in 340B Patient Definition Case

In Federal, JudicialMay 2, 2023648 Views

Tom Mirga

Genesis Health Care defended its interpretation of the 340B statute in a filing to the U.S. District Court for the District of South Carolina.

A federal district judge last week declined to make federal health officials give a South Carolina health center any more documents linked to the center’s brief expulsion from and subsequent reinstatement to the 340B program in 2018.

U.S. Chief District

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