The lawsuit against HHS by 340B hospitals is just one of several underway over drug manufacturers’ denials of 340B pricing on drugs dispensed by contract pharmacies. | Source: Shutterstock

HHS Asks Court to Toss Out Hospitals’ 340B Contract Pharmacy Lawsuit

Outgoing U.S. Health and Human Services (HHS) Secretary Alex Azar last week asked a federal district judge to dismiss a lawsuit against him and his department by 340B hospitals over HHS’s enforcement of its 340B contract pharmacy requirements for drug companies. Azar also asked the judge to not let four drug manufacturers participate in the case.

Federal District Judge Yvonne Gonzalez Rogers of the Northern District of California has scheduled a Feb. 23 hearing in the case—by which time Azar will no longer be HHS Secretary, and his designated successor, California Attorney General Xavier Becerra, may not have been confirmed by the U.S. Senate. If or when Becerra is confirmed, he would replace Azar as a named defendant.

Outgoing U.S. Health and Human Services (HHS) Secretary Alex Azar last week asked a federal district judge to dismiss a lawsuit against him and his department by 340B hospitals over HHS’s enforcement of its 340B contract pharmacy requirements for drug companies. Azar also asked the judge to not let four drug manufacturers participate in the case.

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