340B Drug Pricing Program Legal Resources

AHA, others file amicus brief in Fourth Circuit in support of Maryland 340B contract pharmacy law.

AHA, others challenge Novartis in court filings to defend Mississippi’s 340B contract pharmacy law .

AHA, others challenge PhRMA in court filings to defend Mississippi’s 340B contract pharmacy law.

AHA amicus brief defending Kansas’ 340B Contract Pharmacy Law in ABBVIE INC., et al., case.

Amicus Brief: ABBVIE INC., et al., v. Keith M. Ellison, in his official capacity as Attorney General of Minnesota Motion to Dismiss 340B Litigation

Amicus Brief: Motion to Dismiss in Astrazeneca Pharmaceuticals LP v Plaintiff, Attorney General of the State of Minnesota in 340B litigation.

The Court held a consolidated hearing on the various motions on June 6, 2024. After oral arguments, the Court took all the motions under advisement.

The American Hospital Association, 340B Health, and the American Society of Health-System Pharmacists (collectively, the “Proposed Amici”) respectfully move this Court for leave to file the attached amicus curiae brief in support of Defendants Attorney General Andrew Bailey, President of the Missouri Board of Pharmacy James L. Gray, Vice President of the Missouri Board of Pharmacy Christian S. Tadrus, and Members of the Missouri Board of Pharmacy Douglas R. Lang, Colby Grove, Anita K. Parran, Tammy Thompson, and Darren Harris’s Motion to Dismiss and Opposition to Plaintiff Novartis Pharmaceuticals Corporation’s Motion for Preliminary Injunction (Exhibit A).

AHA et al Amicus Brief to Prevent Injunction Against 340B Pricing for Contract Pharmacy Arrangements in Novartis v. Morrissey Litigation

UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF DISTRICT OF WEST VIRGINIA 

UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MARYLAND 

AHA, others file amicus brief in case to defend Mississippi’s 340B contract pharmacy law.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Amicus Brief: AHA 340B Health Arkansas Hospital Association in support of Arkansas’ 340B Drug Pricing Nondiscrimination Act against a challenge brought by PhRMA.

Drugmakers that participate in the 340B drug pricing program do not have to provide discounted 340B drugs to an unlimited number of contract pharmacies, the U.S. Court of Appeals for the 3rd Circuit ruled in Sanofi-Aventis U.S. v. HHS et al.

Memorandum Opinion: Granting in Part, Denying In Part Plaintiffs Motion to Hold Unlawful and Remedy Defendants’ Past Underpayments of 340b Drugs

Pending are Plaintiff’s Motion for Summary Judgment on Preemption (Doc. No. 24), Defendant Leslie Rutledge’s Cross-Motion for Summary Judgment (Doc. No. 32), and Intervenors’ Cross-Motion for Summary Judgment on Preemption (Doc. No. 35). The parties have responded and replied.1 For the reasons set out below, Plaintiff’s motion is DENIED. Intervenors’ cross-motion is GRANTED. Defendant Leslie Rutledge’s cross-motion is DENIED as MOOT.

AHA urges the U.S. District Court for the District of Columbia to order the Department of Health and Human Services to promptly repay 340B hospitals for unlawful payment cuts in previous years, given the agency’s continued delay in implementing or even proposing a remedy on its own.

This page contains materials related to AHA’s current and active policy-related litigation.