340B Delay: Government’s memorandum in opposition to motion for summary judgment

Government’s memorandum, in opposition to our motion for summary judgment and in support of their motion to dismiss

Plaintiffs are i) hospitals that buy drugs through a government-created drug discount program known as the 340B Program, and ii) hospital associations whose members allegedly do the same. They content that the U.S. Department of Health and Human Services has violated the Administrative Procedure Act, 5 U.S.C. 706, by delaying the implementation of a rule that would make changes to the program. And they filed an early summary judgment motion, seeking to focus attention on the merits of their complaint.

Download the full brief below.