This Week in 340B: July 2023 #4

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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: Medicare Payment, Contract Pharmacy

  • On July 28, 2023, HRSA filed a Motion for Summary Judgment and Response in Opposition to Summary Judgment in a case involving the definition of “patient”.
  • The court in a Medicare payment case ordered the case to stay.
  • A national association representing drug manufacturers filed a complaint to invalidate a state law governing contract pharmacy arrangements.
  • The appeal court mediator scheduled mediation sessions separately with the parties for the month of August in a case involving a covered entity against a prime vendor program.

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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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