AHA, Others File Brief in Missouri to Prevent Injunction Against 340B Pricing for Contract Pharmacy Arrangements

Exhibit A

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI

BRIEF OF AMICI CURIAE AMERICAN HOSPITAL ASSOCIATION, 340B HEALTH, AND AMERICAN SOCIETY OF HEALTH-SYSTEM PHARMACISTS IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS AND OPPOSITION TO PLAINTIFF’S
MOTION FOR PRELIMINARY INJUNCTION

Interests of Amici Curiae

Proposed Amici include two hospital associations with members in Missouri that receive 340B discounts for drugs that they purchase, many of which are dispensed through contract pharmacies, and one organization that represents pharmacists who serve patients in hospitals, health systems, ambulatory clinics, and other healthcare settings many of which benefit from the 340B program. Amici and their members are committed to improving the health of the communities they serve through the delivery of high-quality, efficient, and accessible health care. The discounts provided by the 340B program are essential to achieving this goal. Amici therefore have a strong interest in the success of Missouri legislative efforts to protect the 340B program.

The American Hospital Association (AHA) represents nearly 5,000 hospitals, healthcare systems, and other healthcare organizations nationwide. AHA members are committed to helping ensure that healthcare is available to and affordable for all Americans. AHA promotes the interests of its members by participating as amicus curiae in cases with important and far-ranging consequences for their members, including cases related to the 340B program.

340B Health is a national, not-for-profit organization founded in 1993 to advocate for 340B hospitals—a vital part of the nation’s healthcare safety net. 340B Health represents over 1,500 public and private nonprofit hospitals and health systems participating in the 340B program.

The American Society of Health-System Pharmacists (ASHP) is the largest association of pharmacy professionals in the United States. ASHP advocates and supports the professional practice of pharmacists in hospitals, health systems, ambulatory care clinics, and other settings spanning the full spectrum of medication use. For over 80 years, ASHP has championed innovation in pharmacy practice; advanced education and professional development; and served as a steadfast advocate for members and patients.

Read the full Exhibit A document.