This Week in 340B: April 2023 #3

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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 on more than 40 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: 340B Covered Entity

Where Things Stand:

  • In four Medicare payment cut cases the court ordered the case stayed until the release of a ruling on remedies in AHA v. Becerra.
  • In one contract pharmacy case, three hospital associations filed an amicus brief in support of the government and intervenor appellees arguing that Section 340B does not preempt the applicable state law.
  • A new anti-trust class action case was brought in the Eastern District of Pennsylvania against a large chain of retail pharmacies.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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