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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
340B rebate models
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This Week in 340B: February 10 – 16, 2026

Find the 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.

Issues at Stake: Contract Pharmacy; Rebate Model; Other

  • In two cases challenging a New Mexico law governing contract pharmacy arrangements, the plaintiffs filed replies in support of their motions for preliminary injunctions.
  • In a case challenging the government’s rebate model pilot program, the court ordered that the pilot program application notice be vacated and remanded to the issuing agency.
  • In a case challenging the government’s exclusion rule, the plaintiff filed a motion for summary judgment.
  • In a case challenging a South Dakota law, the plaintiff filed a memorandum in opposition to the government’s motion to dismiss.
  • In a case challenging a Vermont law, the government filed a reply in support of its motion to dismiss.
  • In a case challenging an Oregon law, the government filed an opposition to plaintiff’s motion for summary judgment.
  • In a case challenging an Oregon law, the government filed a cross-motion for summary judgment.



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This Week in 340B: February 3 – 9, 2026

Find the 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.

Issues at Stake: Contract Pharmacy; Rebate Model

  • In three consolidated appealed cases challenging a Louisiana law governing contract pharmacy arrangements, the court issued its opinion.
  • In a case challenging the government’s rebate model pilot program, the parties filed a joint motion to vacate certain agency actions.



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This Week in 340B: January 20 – 27, 2026

Find the 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.

Issues at Stake: Contract Pharmacy; Other; Rebate Model

  • In two cases challenging a North Dakota state law governing contract pharmacy arrangements, the defendants filed a reply.
  • A 340B Covered Entity filed a complaint against the government to challenge a Medicare reimbursement rule.
  • A drug manufacturer filed a complaint to challenge a New Mexico state law governing contract pharmacy arrangement.
  • In a case challenging a Mississippi state law governing contract pharmacy arrangements, the plaintiff filed a motion for summary judgment.
  • In a case challenging the government’s rebate model pilot program, the court voluntarily dismissed the appeal.
  • In a case brought by a drug manufacturer challenging an Oklahoma state law governing contract pharmacy arrangements, the defendant filed a reply to the response to motion.
  • In a case brought by a trade association of drug manufacturers challenging a Maine state law governing contract pharmacy arrangements, the court denied plaintiff’s motion for a preliminary injunction.

 




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This Week in 340B: January 13 – 19, 2026

Find the 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.

Issues at Stake: Contract Pharmacy; Other; Rebate Model

  • In a case challenging a Vermont law, the government moved to file an amicus brief.
  • In a case challenging a North Dakota state law governing contract pharmacy arrangements, the plaintiff filed a response to the court’s order to show cause concerning consolidation.
  • In a case brought by a drug manufacturer challenging an Oklahoma state law governing contract pharmacy arrangements, the defendant filed a motion for protective order and to stay discovery and the plaintiffs filed a memorandum in opposition to the defendant’s renewed motion to stay discovery and for protective order.
  • In a case brought by a drug manufacturer challenging a Hawaii state law governing contract pharmacy arrangements, the plaintiff filed a brief in support of its motion for a preliminary injunction.
  • In a case brought by a trade association of drug manufacturers challenging an Oregon state law governing contract pharmacy arrangements, the defendants moved for summary judgment.
  • In a case brought by a drug manufacturer challenging an [...]

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This Week in 340B: Holiday Season Overview

This special issue of This Week in 340B covers December 16, 2025 – January 5, 2026. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker.

Issues at Stake: Contract Pharmacy; Rebate Model; Other

  • In two cases challenging a North Dakota state law governing contract pharmacy arrangements:
    • Plaintiffs filed responses to summary judgment motions;
    • The courts ordered the parties to show cause as to why the cases should not be consolidated; and
    • The defendants filed a response agreeing to consolidation.
  • In a case brought by a 340B Covered Entity alleging breach of contract by an insurer, the insurer filed a motion to dismiss.
  • In a case challenging the government’s rebate model pilot program:
    • Defendant filed an opposition to plaintiff’s motion for preliminary injunction;
    • Plaintiff filed an omnibus opposition to a number of motions to intervene filed by proposed intervenors;
    •  Proposed intervenors filed a brief in opposition to plaintiff’s motion for preliminary injunction;
    • Proposed intervenors filed a reply in support of their motions to intervene;
    • Plaintiff filed a reply in support of its motion for preliminary injunction;
    • The court defined proposed intervenors’ motions to intervene and granted them leave to proceed as amici curiae;
    • The court granted plaintiff’s motion for preliminary injunction;
    • Defendant filed a notice of appeal from the court’s granting of the preliminary injunction; and
    • Proposed intervenors filed a notice of appeal from the court’s denial of their motions to [...]

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340B Rebate Models and Medicare Part D 340B Claims: What 340B Covered Entities Need to Know for 2026

340B covered entities should carefully review the approved 340B rebate models and the 2026 Medicare Physician Fee Schedule (MPFS) Final Rule provisions on new CMS processes for identifying Medicare Part D claims for 340B drugs.

While the current scope may seem limited or not applicable to certain 340B covered entities, now is the most important time to evaluate the implications of these programs if expanded to all 340B drugs and all 340B covered entities in order to ensure that the concerns of 340B covered entities are appropriately addressed.

340B Rebate Models

As a reminder, although the only drugs currently subject to the 340B rebate models are those that will be subject to the Medicare Part D negotiated prices, the 340B rebate models extend to all 340B covered entity types, all payors and all locations of dispensing/administration of the selected drugs. While the current 340B rebate models are being implemented under a “pilot program,” it is highly likely that 340B rebate models will be expanded to many more drugs in the coming years (possibly even during 2026).

Since the announcement of the approved 340B rebate models, the software platform that will be used for all rebate models approved to-date, Beacon, has released additional information about the implementation of the rebate models and details about operational aspect of the rebate models. All covered entities should familiarize themselves with the Beacon platform and rebate model as soon as possible and should be paying close attention to the [...]

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