Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries

This Week in 340B: April 16 – April 22, 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: Medicare Payment; Contract Pharmacy; Other

  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the court ruled on a number of pending motions.
  • 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 a reply memorandum in support of its cross-motion for summary judgement.
  • In an appeal before the Eighth Circuit Court of Appeals challenging Arkansas’ Act 1103 that was decided in the state’s favor, two parties filed briefs as amicus curiae in support of the appellant’s motion for rehearing en banc.
  • In an appeal before the Ninth Circuit Court of Appeals concerning a qui tam False Claims Act action:
    1. The court scheduled the assessment conference with the circuit mediator.
    2. The court granted the appellant-relator’s motion for an extension of time to file the opening brief.
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.

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:

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:




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