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: October 29 – November 4, 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.

Issues at Stake: Contract Pharmacy; HRSA; Other

– A healthcare improvement company filed suit against HRSA to challenge HRSA’s policy limiting the circumstances in which covered entities can use their group purchasing arrangements to purchase non-340B drugs.

– A covered entity filed suit against an insurance company alleging that the insurance company failed to reimburse the covered entity for amounts it paid the covered entity using the unlawful Medicare rate of ASP minus 22.5%.

– In a contract pharmacy case, a drug manufacturer filed a motion for leave to file an amicus curiae brief in support of plaintiff’s motion for summary judgment.

– In eleven cases challenging proposed state laws governing contract pharmacy arrangements in Mississippi, West Virginia, Missouri, and Kansas:

  • MS: The plaintiff filed a rebuttal in support of its motion for preliminary injunction.
  • WV:

– In two cases, the parties filed joint motions for stays of deadlines.

– In two other cases, plaintiffs filed responses to defendants’ notices of supplemental authority.

  • MO:

– In one case, proposed amici filed a motion for leave to file an amicus brief. In the same case, defendants filed a reply in support of the motion for transfer.

– In a second case, plaintiff withdrew its objection to proposed intervenor’s motion to intervene. In the same case, defendants filed reply suggestions in support of defendants’ motion to dismiss.

  • KS: In four cases previously consolidated, defendant filed an answer to the complaint and a motion for judgment on the pleadings or, alternatively, a motion for summary judgment.
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.


Patrick Moore
Patrick Moore is an associate in McDermott's Healthcare Practice Group. While earning his law degree, Patrick served as a legal intern for a global life sciences research organization and as managing editor of the Journal of International Law and Foreign Affairs at UCLA School of Law.Learn more about Patrick's practice here.


Deepika Raj
Deepika Raj advises a broad range of healthcare industry clients on regulatory, compliance and transactional matters. She offers multifaceted advice on state and federal fraud and abuse statutes, licensure rules, cannabis laws and due diligence matters. Learn more about Deepika's practice here.


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

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