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January 18, 2023

This Week in 340B: January 9 - 16, 2023

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This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

  • Issues at Stake: Medicare Payment; ADR Rule; Definition of Patient
  • Where Things Stand:
    • A District Court issued an opinion in AHA v. Becerra remanding the issue of remedies in the Medicare 340B payment cuts to HHS and declining to vacate the payment rule.
    • Seven cases will remain stayed pending a decision in AHA v. Becerra regarding remedies for the now-vacated 340B Medicare payment cuts.
    • Parties in one case challenging the ADR Rule, which is currently stayed, moved for the dismissal of the action without prejudice.
    • Plaintiffs in one case related to the 340B definition of "patient" filed a Joint Motion to Seal the Certified Administrative Record.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

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