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: March 5 – 12, 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 Cuts; Other

  • In six cases related to Medicare payment cuts, the Court ordered the cases stayed for an additional 30 days.
  • In a case regarding a state law governing contract pharmacy arrangements, the court granted intervenor-defendant’s motion to intervene.
  • In the same case regarding a state law governing contract pharmacy arrangements, the intervenor-defendant state primary care association filed a proposed answer in intervention to plaintiff pharmaceutical companies’ first amended complaint.
  • In a case against HRSA filed by a group of 340B covered entities seeking relief from HRSA’s recent change in its policy on child sites, HRSA filed its cross-motion for summary judgment and a memorandum in opposition to the covered entity plaintiffs’ motion for summary judgment.
  • On March 12, 2024, the Eighth Circuit Court of Appeals issued its opinion in a case challenging a state law requiring drug manufacturers to sell 340B drugs for dispensing through contract pharmacy agreements, affirming the decision of the district court in favor of the state.
McDermott Will & Emery






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.


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: https://www.mwe.com/people/kelsey-r-reinhardt/


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: https://www.mwe.com/people/moore-patrick-c/


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/

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