Bass, Berry & Sims attorney Jeff Davis discussed upcoming court decisions expected related to the 340B Drug Pricing Program and whether drug manufacturers can restrict access to 340B pricing for drugs dispensed through contract pharmacies. Several lawsuits were filed in recent years on the issue; in January 2023 the Third Circuit held that the drugmakers’ restrictions on access to 340B pricing did not violate the 340B statue; two other cases challenging drug manufacturer restrictions are pending in other circuit courts.
“We’re looking into 2024 expecting to see these two remaining circuit court decisions,” said Jeff. He added, “Certainly from a covered entity perspective, hoping to see a decision different than the Third Circuit that recognizes HRSA’s [Health Resources and Services Administration] ability to take enforcement action against those manufacturers that are restricting access.
The full article, “Circuit Courts, State Laws to Test Drug Discount Program in 2024,” was published by Bloomberg Law on January 4 and is available online.