Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 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: Medicare Payment Cut; Rebate Model; HRSA Audit Process; Medicare Payment; Contract Pharmacy
- In a case challenging Medicare payment cuts, the action was dismissed with prejudice.
- In five appealed cases related to rebate models, amici and intervenors filed briefs in support of the government.
- In a case by a covered entity against an insurance company alleging breach of contract, the insurance company filed a motion to dismiss for failure to state a claim.
- In another case by a covered entity against an insurance company alleging breach of contract, the covered entity filed a response in opposition to the insurance company’s motion to dismiss.
- In a case by a covered entity challenging the government’s decision to allow a manufacturer’s audit, the court granted the government’s motion to dismiss and granted the drug manufacturer’s motion to file an amicus brief.
- In a case challenging 2022 Medicare payment rates for 340B drugs, the court denied the plaintiff’s motion for summary judgment and granted the government’s cross-motion to dismiss.
- In four cases challenging a Utah bill, proposed amici filed an unopposed motion for leave to file an amicus curiae brief.
- In a case challenging a Tennessee state law governing contract pharmacy arrangements, the plaintiff filed a response in opposition to defendant’s motion to dismiss.
- In a case challenging a Hawaii state law governing contract pharmacy arrangements, defendant filed a motion to dismiss and a memorandum in opposition to plaintiff’s motion for preliminary injunction.
- Two drug manufacturers and one trade association of drug manufacturers filed three separate complaints in Maine, Colorado, and Rhode Island to challenge state laws governing contract pharmacy arrangements.
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