HEALTH & LIFE SCIENCES NEWS
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries

This Week in 340B: May 21 – 27, 2024

Posted In 340B

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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment

  • In a case challenging Arkansas’ Act 1103, the court approved the parties’ jointly stipulated protective order.
  • In three separate cases regarding a state law governing contract pharmacy arrangements, the court granted the plaintiffs’ request for oral argument on the motions and cross-motions for summary judgment in all related pending cases.
  • In three separate cases challenging HRSA’s position on contract pharmacy arrangements, the court ordered the parties to file a joint status report proposing a schedule for further proceedings in light of the DC Circuit’s decision in Novartis Pharmaceuticals Corp. v. Johnson.
  • In a separate case challenging HRSA’s position on contract pharmacy arrangements, the manufacturer submitted the DC Circuit’s decision in Novartis Pharmaceuticals Corp. v. Johnson as supplemental authority.
  • In two consolidated contract pharmacy cases, the DC Circuit Court of Appeals issued its opinion.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the 340B Covered Entity filed a first amended complaint.

 

Emily Jane Cook
Emily Cook is a practice area leader for McDermott's Healthcare Regulatory & Compliance practice. She is a national authority on the 340B drug pricing program, and also helps clients navigate the full suite of federal and state regulations that are essential to healthcare operations. Learn more about Emily's practice here.


Bryan Frederick
Bryan Frederick is an associate in McDermott's Healthcare Practice Group. While earning graduate degrees in law and public health, Bryan served as a legal intern at the Los Angeles LGBT Center Immigration Law Project and senior editor of the Michigan Law Review at University of Michigan Law School. Learn more about Bryan's practice: https://www.mwe.com/people/frederick-bryan-t/


Jae Hyun Lee
Jae Hyun Lee is a member of the Healthcare Practice Group. He focuses his practice on healthcare mergers and acquisitions as well as regulatory and compliance matters. Read Jae's full bio here.


Kelsey Reinhardt
Kelsey R. Reinhardt focuses her practice on regulatory and transactional matters affecting a wide range of clients across the healthcare industry. Read Kelsey's full bio here.

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