340B litigation Archives - HEALTH & LIFE SCIENCES NEWS

This Week in 340B: February 7 – 13, 2024

by McDermott Will & Emery, Emily Jane Cook, Kelsey Reinhardt, Bryan Frederick and Patrick Moore | Feb 15, 2024 | 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; Other

In two separate cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed a reply in support of defendant’s cross-motion for summary judgment.
In the same two separate cases regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed a reply in support of intervenor-defendant’s motion for summary judgment.
In a separate case regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical company filed an opposition to intervenor-defendant state primary care association’s motion to intervene.
In a case challenging the New York Department of Health’s 340B Carveout plan, the Plaintiff’s submitted a memorandum in opposition to Defendants’ cross-motion to dismiss and in further support of their motion for a preliminary injunction.
A 340B Covered Entity filed a breach of contract claim against several related party Medicare Advantage plans, alleging that the company has failed to reimburse the covered entity after using rates based on the [...]

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This Week in 340B: November 28 – December 5, 2023

by Emily Jane Cook and Patrick Moore | Dec 6, 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 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.

Issues at Stake: Contract Pharmacy

In a case regarding a state law governing contract pharmacy arrangements, plaintiff state attorney general filed a memorandum of law in opposition to defendant’s motion to dismiss plaintiff’s second complaint.
In a separate case regarding a state law governing contract pharmacy arrangements, defendant commissioner of state insurance department filed a reply to plaintiff’s response to motion to dismiss.

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.

This Week in 340B: November 6 – 12, 2023

by Emily Jane Cook, Reuben Bank and Kelsey Reinhardt | Nov 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 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.

Issues at Stake: Contract Pharmacy, Medicare Payment

In response to the final rule published on November 2, 2023 detailing a remedy for underpayment in light of the Supreme Court’s decision in AHA v. Becerra, the parties in 11 of the pending Medicare Payment Cut cases requested that the cases be further stayed by 100 days to allow for implementation of the final rule. The parties anticipate that the cases would be dismissed after the payments are made. Stay Orders were issued in six of the cases.
In a qui tam action against a group of drug manufacturers, the plaintiffs filed an amended complaint.
A case attempting to invalidate an Arkansas state law governing contract pharmacy arrangements was transferred to a judge who is presiding over a case with similar allegations.
In two separate cases attempting to invalidate the same Louisiana state law governing contract pharmacy arrangements, a non-profit comprised of community health centers filed a Motion to Intervene and an Answer in Intervention to the plaintiff’s complaint.

Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the
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