March 28, 2023

Volume XIII, Number 87


March 27, 2023

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This Week in 340B: January 24 – 30, 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; ADR Rule; Medicare Payment

Where Things Stand:

• An opinion was issued in one of the three federal Appeals Court cases addressing contract pharmacy restrictions. The Court found that HHS could not require drug manufacturers to provide 340B pricing on drugs shipped to an unlimited number of contract pharmacies. The Court also upheld the December 2020 Administrative Dispute Resolution Rule.
• The parties in two stayed cases filed joint status reports in light of the decision in AHA v. Becerra. The government requested that the cases remain stayed pending HHS’s decision on a remedy for past underpayment, while the hospitals asked for the stay to be lifted.

© 2023 McDermott Will & EmeryNational Law Review, Volume XIII, Number 31

About this Author

Emily J. Cook, McDermott Will Emery Law Firm, Health Care Attorney

Emily J. Cook is an associate in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Los Angeles office.  She focuses her practice on Medicare provider certification, reimbursement and regulatory compliance.

Reuben Bank Healthcare Attorney

Reuben Bank provides regulatory and transactional counseling on all aspects of state and federal healthcare laws impacting hospitals and healthcare systems.

While in law school, Reuben worked as a judicial extern for the Honorable Stephen V. Wilson of the Central District of California.