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: January 14 – 20, 2025

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: HRSA Audit Process; Contract Pharmacy; Rebate Model; Other

  • In one Health Resources and Services Administration (HRSA) audit process case, the government filed a motion to dismiss.
  • In two HRSA audit process cases, the government filed reply briefs in further support of the government’s motion to dismiss.
  • A drug manufacturer filed suit against HRSA to challenge HRSA’s disapproval of its proposed rebate model.
  • A 340B covered entity filed suit against HRSA, alleging that HRSA prevented it from accessing the 340B Program.
  • A 340B covered entity filed suit against HRSA to challenge HRSA’s determination that certain clinics were not eligible for the 340B program, and, in the same case, the court issued an administrative stay.
  • In three cases challenging proposed state laws governing contract pharmacy arrangements in Missouri and West Virginia:
    • MO: Defendants and intervenors separately filed reply suggestions in support of the motion to dismiss.
    • WV: Plaintiffs in two separate cases filed oppositions to defendants’ motions to consolidate

Matt David, associate in McDermott’s Los Angeles office, also contributed to this blog post. 

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.


Reuben Bank
Reuben Bank provides regulatory and transactional counseling on all aspects of state and federal healthcare laws impacting hospitals and healthcare systems. Click here to learn more about Reuben's practice: https://www.mwe.com/people/reuben-bank/


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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