The U.S. Court of Appeals for the 8th Circuit March 12 upheld Arkansas’ 340B Drug Pricing Nondiscrimination Act against a constitutional challenge brought by the Pharmaceutical Research and Manufacturers of America, ruling that the Federal Food, Drug, and Cosmetic Act does not preempt the state law. The Arkansas law (Act 1103) prohibits drug company policies that restrict provider access to 340B discounts through community and specialty pharmacy partners. In a friend-of-the-court brief filed in the case last year, AHA argued that the Arkansas statute does not conflict with federal law, but rather supports and complements the 340B program. The court agreed.

“Act 1103 does not create an obstacle for pharmaceutical manufacturers to comply with 340B, rather it does the opposite: Act 1103 assists in fulfilling the purpose of 340B,” the opinion states. “…Arkansas is simply deterring pharmaceutical manufacturers from interfering with a covered entity’s contract pharmacy arrangements. There is no obstacle for pharmaceutical manufacturers to comply with both Act 1103 and Section 340B.”

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The U.S. District Court for the District of Maine should deny motions by several drug companies and Pharmaceutical Research and Manufacturers of America to…
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The AHA today voiced support () for the 340B Rebate Model Delay Act (H.R. 10770)in a letter to the bill’s House sponsors. The bipartisan bill would pause the…
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The AHA, the Maine Hospital Association and four safety-net hospitals Oct. 9 filed a lawsuit in the U.S. District Court for the District of Maine challenging…
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The AHA, the New Hampshire Hospital Association and 340B Health have filed an amicus brief supporting Mary Hitchcock Memorial Hospital’s request for a…
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The Department of Health and Human Services’ Health Resources and Services Administration Oct. 1 announced approval of 10 drug companies to participate in the…
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The Centers for Medicare & Medicaid Services’ 340B Part D claims data repository became available Oct. 1 for voluntary data submissions. While data…