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This Week in 340B: April 4 – 10, 2023
Tuesday, April 11, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy, 340B Covered Entity

Where Things Stand:

  • The parties in four Medicare payment cut cases filed joint status reports requesting that the cases be stayed until June 5, 2023 in anticipation of HHS’s expected proposed remedy under AHA v. Becerra.

  • In three Medicare payment cut cases the plaintiff hospitals voluntarily dismissed the case.

  • In one state law case, the plaintiff covered entity withdrew their application for preliminary injunction.

  • One state law complaint against a pharmacy was dismissed.

  • One manufacturer informed the Court in a contract pharmacy case that they have revised their contract pharmacy policy, but argued that the revision does not impact their legal arguments.

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