January 10, 2011—The U.S. Supreme Court decided late last week to let the U.S. Solicitor General's office argue before it on Jan. 19 that 340B drug discount agreements between the federal government and pharmaceutical manufacturers do not grant safety-net providers the right to sue to recover alleged overcharges. The Court, meanwhile, denied a similar motion by four states … [Read more...]
States Seek to Participate in Arguments in U.S. Supreme Court 340B Case
Request signals their keen interest in the lawsuit's outcome.January 7, 2011—Four states and the District of Columbia have asked the U.S. Supreme Court for permission to argue in person before it on Jan. 19 that safety-net providers have a right to sue drug manufacturers for allegedly charging them more for pharmaceuticals than the 340B drug discount program allows. The attorneys general of Arizona, Kansas, Missouri, West Virginia and … [Read more...]
House Set for Symbolic Vote to Repeal Health Care Reform
340B program, meanwhile, adds another 248 sites.January 7, 2011—In a largely symbolic move, the U.S. House is widely expected next week to pass legislation to repeal last year's health care reform law, including its expansion of the 340B drug discount program and provisions closing the "donut hole" in elderly American's Medicare Part D drug benefits. The vote by the Republican-controlled House will be essentially null, … [Read more...]
OPA Budget Remains Stuck at 2010 Level Through March 4
Limited expansion of 340B to inpatient setting shelved as 111th Congress ends.December 23, 2010—President Obama signed a temporary spending bill for the federal government yesterday that continues funding for the Office of Pharmacy Affairs (OPA) at its fiscal 2010 level of $2.2 million through early March. OPA has warned that it will not implement a new 340B dispute resolution process or another to impose civil monetary penalties on drug manufacturers … [Read more...]
AIDS Group Files Second Suit Seeking Retroactive 340B Discounts
Foundation accuses Tibotec of overcharging during first half of 2010.December 23, 2010—The AIDS Healthcare Foundation (AHF) has filed a second lawsuit against a drug manufacturer for allegedly overcharging it during the first half of 2010 for 340B-discounted drugs. The suit, filed Dec. 21 in federal district court in Los Angeles, claims that Tibotec Therapeutics, a division of Centocor Ortho Biotech Products and, in turn, of Johnson & … [Read more...]
Calif. Counties and Supporters File Briefs in Major U.S. Supreme Court 340B Case
Decisions dating back to the 1600s support providers' right to sue drug firms, they assert.December 22, 2010—Centuries-old legal precedents make it clear that safety-net providers can sue drug manufacturers for allegedly charging them more for medicines than the 340B drug discount program allows, two California counties and their 340B-enrolled medical facilities argue in papers filed with the U.S. Supreme Court last week. Congress decided to use contracts between … [Read more...]
Health Reform’s 340B Provisions Unaffected by Ruling in Virginia Lawsuit
Federal judge declares reform's individual insurance mandate unconstitutionalDecember 16, 2010—A federal district judge's declaration this week that a key part of health care reform is unconstitutional has no immediate or direct effect on reform's expansion and improvement of the 340B drug discount program. Acting in a case filed by Virginia's attorney general, U.S. District Judge Henry E. Hudson ruled that Congress lacked authority to require most … [Read more...]