Bass, Berry & Sims attorney Jeff Davis provided insight on a December 29 preliminary injunction granted by a district court to prevent the 340B Rebate Pilot Program from starting on January 1, 2026.
“If a court grants an administrative stay that lifts the injunction for a short period, it is possible the Pilot Program could go into effect, and then if the court ultimately denies the full stay pending appeal, the injunction would go back into effect and the Pilot Program would go offline,” Jeff said.
He added, “The injunction will temporarily block implementation of the Pilot Program, and the court may ultimately invalidate the Pilot Program, but HRSA could still correct its errors and implement a revised Pilot Program in the future.”
The full article, “340B rebate model no longer beginning Jan. 1 after court issues preliminary injunction,” was published by hfma on December 29 and is available online. In addition, Jeff co-authored content about the 340B injunction available here.