Pharma’s 340B Dispute Resolution Arguments May Get Boost From Supreme Court’s Patent Ruling

As stakeholders begin to mull the impact of the Arthrex opinion, HHS withdraws its advisory opinion concluding manufacturers are legally bound to provide 340B discounts to contract pharmacies, and Lilly takes aim at 340b contract pharmacy ‘replenishment’ model.

Recent Ruling May Have Relevance In 340B Litigation

US district court decisions on the constitutionality of the Health and Human Services Department’s 340B Administrative Dispute Resolution process might be impacted by the Supreme Court's recent ruling in United States vs. Arthrex.

In the Administrative Dispute Resolution process, described in a final rule released in December 2020, a board appointed by HHS...

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