The lower court incorrectly dismissed as premature their lawsuit to prevent a nearly 30% Medicare payment reduction for many hospitals in the 340B Drug Pricing Program, the AHA, Association of American Medical Colleges, America’s Essential Hospitals, Eastern Maine Healthcare Systems, Henry Ford Health System and Adventist Health System's Park Ridge Health told a federal appeals court in a brief filed yesterday. Contrary to the lower court’s finding, the group said they presented their claims to the Department of Health and Human Services as required before filing their court challenge, because they submitted extensive comments supporting their argument that the proposed regulation was unlawful. The HHS secretary expressly addressed and rejected their claims in issuing his final rule, after which the group properly brought their court challenge before the rule’s effective date, the brief adds. The group urged the court to reject the lower court’s ruling and stop the payment cut while the case proceeds.

Related News Articles

Headline
The net prices of five drugs included in a new study from the Institute for Clinical and Economic Review increased without clinical justification in 2023.…
Headline
The AHA Nov. 15 filed friend-of-the-court briefs in the U.S. Court of Appeals for the 5th Circuit in support of an earlier denial by the U.S. District Court…
Headline
Johnson & Johnson Nov. 12 filed a lawsuit against the Department of Health and Human Services and the Health Resources and Services Administration asking a…
Headline
The AHA Nov. 7 filed a friend-of-the-court brief in the U.S. District Court for the District of Kansas in defense of the state's law protecting against…
Headline
The AHA, 340B Health, the Minnesota Hospital Association and American Society of Health-system Pharmacists Oct. 4 filed an amicus brief in the U.S. District…
Headline
A Louisiana district court Sept. 30 upheld a state law prohibiting drug companies from denying Louisiana hospitals 340B discounts for drugs dispensed at…