Special Bulletin
340B Delay: Opposition to Motion to Stay (Oct. 18, 2018)
The American Hospital Association, et al., Plaintiffs, v. The Department of Health and Human Services Case No. 1:18-cv-2112
Plaintiffs' Memorandum in Opposition to Defendants' Motion to Stay
This action challenges Defendants' protracted delays in implementing 2010 amendments to 42 USC 256b, which governs the program by which hospitals, community health centers, and other federally funded clinics that disproportionately serve the poor (known as "covered entities") are entitled to discounted prices on prescription drugs (the "340B Program"). On January 5, 2017, HHS promulgated the final rule to implement those amendments, which sought to increase the transparency, accuracy, and enforceability of 340B "ceiling" prices-the maximum rates that drug companies are permitted to charge 340B providers.