Bass, Berry & Sims attorney Jeff Davis provided insight for an article in Law360 examining the impact that a May 2024 D.C. Circuit Court decision could have on 340B pharmacy contracts.
As Jeff pointed out in the article, 340B providers will monitor whether drug manufacturers implement more restrictive policies or impose further restrictions that could threaten access to critical care.
“For these providers, manufacturers’ restrictions on contract pharmacy use are taking away key resources that the providers use to support care for patients and undermine the purpose of the program – to support safety net providers,” Jeff said.
A similar decision in the Third Circuit could reinforce the argument made by the D.C. Circuit decision. “This raises the possibility that HRSA [Health Resources and Services Administration] may be able to take enforcement action against manufacturers in certain cases, including if a restriction prevents a 340B provider from accessing the 340B price or if a provider is unable to meet a manufacturer’s restriction,” Jeff said.
The full article, “DC Circ. Decision May Lead to Tighter 340B Pharma Contracts,” was published by Law360 Healthcare Authority on May 28 and is available online (subscription required). Jeff co-authored an alert on the D.C. Circuit decision that analyzed the decision and its impact for 340B contract pharmacy use; this content is available here.