Second Sight Updates 340B ESP Terms of Use
In October 2021, Second Sight, the owner of 340B ESP, updated the Terms of Use (TOU) that covered entities must agree to when registering for the 340B ESP platform. There…
New AbbVie and Lilly Contract Pharmacy Policies
AbbVie is the 11th Manufacturer to Restrict Access to 340B Prices at Contract Pharmacies By letter dated December 29, 2021, AbbVie announced that, effective February 1, 2022, it will implement…
UCB Latest Manufacturer to Announce Restrictive Contract Pharmacy Policy; HRSA Issues Statement Regarding Manufacturer Lawsuits
By letter dated November 22, 2021, drug manufacturer UCB, Inc. notified covered entities that it is “altering its 340B policy” and will no longer honor contract pharmacy arrangements, effective December…
Eighth Circuit Issues Favorable ERISA Preemption Decision that Likely Protects State 340B Anti-Discrimination Laws
On November 17, the U.S. Court of Appeals for the Eighth Circuit (Eighth Circuit) issued its decision in Pharmaceutical Care Management Association v. Wehbi, et al., ruling that North Dakota’s…
Update on 340B Contract Pharmacy Litigation — Decisions Issued in Four Manufacturer Lawsuits
On Friday, November 5, two federal courts issued decisions in four of the lawsuits that drug manufacturers filed against HHS challenging HHS’ May 17 cease-and-desist letters (“May 17 Letters”) notifying…
RWC-340B Applauds Court’s “Fairest and Most Reasonable” Interpretation of the 340B Drug Pricing Program: Manufacturer Actions Shall Not Undermine the Safety Net
PRESS STATEMENT: FOR IMMEDIATE RELEASE Contact: Peggy.Tighe@PowersLaw.com RWC-340B Applauds Court’s “Fairest and Most Reasonable” Interpretation of the 340B Drug Pricing Program: Manufacturer Actions Shall Not Undermine the Safety Net…
Indiana Federal Court Issues Decision in Eli Lilly’s Contract Pharmacy Lawsuit
On Friday, the U.S. District Court for the Southern District of Indiana (the Court) issued a decision supporting HRSA’s statutory interpretation, as reflected in HRSA’s May 17 determination, that Eli…
Boehringer Ingelheim Is Latest Manufacturer to File a Lawsuit Against HHS On Contract Pharmacy Program
On October 25, 2021, drug manufacturer Boehringer Ingelheim Pharmaceuticals, Inc. filed a lawsuit in the U.S. District Court for the District of Columbia against HHS, alleging that HHS’s policy on…
Rep. Matt Rosendale Introduces Legislation: DSH 340B Eligibility Moratorium, Regulations Limiting Such Eligibility, and Increased Reporting Requirements
On September 30, U.S. Representative Matt Rosendale (R-MT) introduced the Drug Pricing Transparency and Accountability Act (H.R. 5463), which would amend the 340B statute to add a two-year moratorium on…
United Therapeutics Seeks Records from HRSA Regarding Covered Entity Compliance with Duplicate Discount and Diversion Prohibitions
The law firm representing United Therapeutics (UT), Latham & Watkins, has filed a request with HRSA to obtain a wide range of records related to HRSA’s enforcement of the 340B…