340B Archives - Page 9 of 17 - HEALTH & LIFE SCIENCES NEWS

This Week in 340B: April 18 – 25, 2023

by Emily Jane Cook, Reuben Bank, Ming Chuang and Kelsey Reinhardt | Apr 27, 2023 | 340B

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: 340B Covered Entity

Where Things Stand:

The district court in an ADR Rule case has ordered the parties to submit a joint status report responding the court’s questions.
The district court in a case involving the HRSA audit process denied the plaintiff’s motion to compel a privilege log and request for extra-record discovery.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

This Week in 340B: April 11 – 17, 2023

by Emily Jane Cook, Reuben Bank, Ming Chuang and Kelsey Reinhardt | Apr 18, 2023 | 340B

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: 340B Covered Entity

Where Things Stand:

In four Medicare payment cut cases the court ordered the case stayed until the release of a ruling on remedies in AHA v. Becerra.
In one contract pharmacy case, three hospital associations filed an amicus brief in support of the government and intervenor appellees arguing that Section 340B does not preempt the applicable state law.
A new anti-trust class action case was brought in the Eastern District of Pennsylvania against a large chain of retail pharmacies.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

This Week in 340B: April 4 – 10, 2023

by Emily Jane Cook, Reuben Bank, Ming Chuang and Kelsey Reinhardt | Apr 11, 2023 | 340B

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, 340B Covered Entity

Where Things Stand:

The parties in four Medicare payment cut cases filed joint status reports requesting that the cases be stayed until June 5, 2023 in anticipation of HHS’s expected proposed remedy under AHA v. Becerra.
In three Medicare payment cut cases the plaintiff hospitals voluntarily dismissed the case.
In one state law case, the plaintiff covered entity withdrew their application for preliminary injunction.
One state law complaint against a pharmacy was dismissed.
One manufacturer informed the Court in a contract pharmacy case that they have revised their contract pharmacy policy, but argued that the revision does not impact their legal arguments.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

This Week in 340B: March 28 – April 3, 2023

by Emily Jane Cook, Reuben Bank, Ming Chuang and Kelsey Reinhardt | Apr 4, 2023 | 340B

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.

Issue at Stake: 340B Covered Entity

In a case involving the proposed carveout of 340B from Medicaid in New York, the court scheduled oral arguments regarding the plaintiff’s Temporary Restraining Order to take place at the end of this month.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

This Week in 340B: March 21 – 27, 2023

by Emily Jane Cook, Reuben Bank, Ming Chuang and Kelsey Reinhardt | Mar 28, 2023 | 340B

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.

Issue at Stake: 340B Covered Entity

The plaintiff in one case involving covered entities and the prime vendor program has filed an opposition to the defendant’s motion to dismiss the case.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

This Week in 340B: March 14 – 20, 2023

by Emily Jane Cook, Reuben Bank, Ming Chuang and Kelsey Reinhardt | Mar 22, 2023 | 340B

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.

Issue at Stake: 340B Covered Entity

A new case was filed against the New York State Department of Health arguing that the “340B Carveout” is unconstitutional and would limit 340B Covered Entities’ opportunities to realize 340B savings on drugs dispensed to Medicaid managed care enrollees.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

This Week in 340B: March 7 – 13, 2023

by Emily Jane Cook, Ming Chuang and Kelsey Reinhardt | Mar 15, 2023 | 340B

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, 340B Covered Entity

Where Things Stand:

The defendant in a state law case has filed a motion to dismiss the case.
The court in a contract pharmacy case involving an anti-trust cause of action granted the defendant’s motion to dismiss.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Proposed Changes to DSH Payment Calculation Regulations Could Impact 340B Hospitals

by Emily Jane Cook, Caroline Reignley and Katie Waldo | Mar 10, 2023 | 340B

On February 28, 2023, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule that would change how Medicare disproportionate share hospital (DSH) payments are calculated with respect to the counting of days associated with Section 1115 demonstrations in the Medicaid fraction of the DSH calculation. This proposed rule is a follow-up to the FY 2022 and FY 2023 Inpatient Prospective Payment System (IPPS) proposed rules, which initially included similar proposed revisions to the treatment of certain Section 1115 waiver days for purposes of the Medicare DSH adjustment.

Comments on the proposed rule are due May 1, 2023.

Read the full article here.

This Week in 340B: February 28 – March 6, 2023

by Emily Jane Cook and Kelsey Reinhardt | Mar 8, 2023 | 340B

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

Where Things Stand:

In the consolidated Third Circuit contract pharmacy cases that were decided in January, the court granted HHS’s Motion for a 30-Day Extension of Time to File a Petition for Rehearing En Banc.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

This Week in 340B: February 21 – 27, 2023

by Emily Jane Cook, Ming Chuang and Kelsey Reinhardt | Feb 27, 2023 | 340B

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
Where Things Stand:

In one contract pharmacy case, the plaintiff-appellant filed its opening brief arguing that Section 340B and the Federal Food, Drug, and Cosmetic Act preempt an Arkansas state law regulating manufacturers’ delivery of 340B-discounted drugs.
The district court judge in a state law case involving a 340B covered entity plaintiff has discharged its show cause order.
The district court judge in a contract pharmacy case has granted the parties’ joint motion to stay further proceedings in the matter pending HHS’ ongoing rulemaking proceeding relating to the 340B administrative dispute resolution rule.
In three contract pharmacy cases that were decided in January, HHS filed an Unopposed Motion for a 30-Day Extension of Time to File a Petition for Rehearing En Banc.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

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