BREAKING: Developments in 340B Contract Pharmacy Lawsuit
Ryan White Clinics for 340B Access (RWC-340B) late yesterday asked a federal district court to issue a temporary restraining order (TRO) and preliminary injunction requiring U.S. Health and Human Services (HHS) Secretary Alex Azar to issue 340B program binding administrative dispute resolution regulations within 60 days, requiring Azar to declare that federal law entitles covered entities to buy covered outpatient drugs at 340B discounts, and ordering Azar to enforce covered entities’ right to 340B discounts for contract pharmacy orders. (RWC-340B amended complaint and memo in support of motion for TRO). RWC-340B’s court filings come on the heels of drug manufacturers’ Eli Lilly’s and Sanofi’s motions to be allowed to participate in RWC-340B’s lawsuit against HHS, stemming from Lilly, Sanofi, and two other manufacturers’ denials of 340B pricing on drugs dispensed by contract pharmacies (see story below). We will report on this late-breaking news in an extra edition later today.
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