AHA files friend-of-the-court brief defending Louisiana 340B contract pharmacy law

Dec 27, 2023 - 11:54 AM
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AHA Dec. 22 filed a friend-of-the-court brief in support of a Louisiana law that prohibits drug companies from denying Louisiana hospitals the same 340B discounts for drugs dispensed at community pharmacies that would be provided via in-house pharmacies.

PhRMA and AstraZeneca challenged the state law as preempted by the federal law that created the 340B program, and AHA asserts that their challenge should be rejected.

“PhRMA and AstraZeneca cannot demonstrate that Congress intended to create or occupy any field through its 340B legislation,” the brief states. “Nor does Louisiana law conflict with the federal 340B statute. In reality, it furthers Congress’ goal in enacting the 340B program: to enable hospitals to ‘stretch scarce federal resources as far as possible, reaching more eligible patients and providing more comprehensive services.’”

AHA was joined in filing the amicus brief by the Louisiana Hospital Association, the Rural Hospital Coalition and 340B Health.

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