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: February 21 – 27, 2023

By , and on February 27, 2023
Posted In 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.

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.


Ming Chuang
Minghao (Ming) Chuang advises on regulatory and transactional matters affecting a wide range of clients in the healthcare industry, such as health plans, hospitals, physician groups, ambulatory surgery centers, and digital health companies. Learn more about Ming's practice: https://www.mwe.com/people/chuang-ming/


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.

STAY CONNECTED

TOPICS

ARCHIVES

Chambers 2021 Top Ranked
U.S. News Law Firm of the Year 2022 Health Care Law
LEgal 500 EMEA top tier firm 2021
Legal 500 USA top tier firm