Reply in Support of Plaintiffs’ Motion to Hold Unlawful and Remedy Defendants’ Past Underpayment of 340b Drugs

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

THE AMERICAN HOSPITAL ASSOCIATION, et al.,

                                               Plaintiffs,

                                                    –v–                                      Civil Action No. 18-2084 (RC)

XAVIER BECERRA, in his official capacity as the
Secretary of Health and Human Services, et al.,

                                            Defendants.

REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO HOLD UNLAWFUL AND
REMEDY DEFENDANTS’ PAST UNDERPAYMENT OF 340B DRUGS

HHS’s response brief is remarkable for what it does not say. Despite conceding that it has maintained an unlawful payment policy for five years, underpaying 340B hospitals by billions of dollars, HHS steadfastly refuses to recognize its obligation to promptly repay Plaintiffs and their members. And despite having now had years to devise a remedy in the event of an adverse final decision—and more than three months since the Supreme Court’s ruling—HHS displays absolutely no urgency about implementing a remedy. Instead, resorting yet again to general principles of “deference,” HHS Opp’n at 2, HHS argues that it should be given free rein to devise a remedy on its own timeline, with no limitations and no oversight by this Court.
 

View the detailed brief below.