Frier Levitt partner Jesse Dresser has been featured in a Modern Healthcare article, “Supreme Court’s Silence Fortifies 340B Contract Pharmacy Laws” by Alex Kacik. The article focuses on The U.S. Supreme Court’s decision to decline a petition by drug manufacturers to limit contract pharmacies that dispense 340B drugs, securing another win for hospitals. This decision upholds an Arkansas law ensuring 340B discounts apply equally to prescriptions filled at community and in-house pharmacies. The 340B program is important, as it supports hospitals and clinics serving low-income patients by offering significant drug discounts.
Looking ahead, healthcare attorneys noted that drug manufacturers may shift their attention to enforcing a rebate program for 340B drug discounts. Furthermore, Jesse highlights that these drugmakers are increasingly focusing on whether the Health Resources and Services Administration (HRSA) has the authority to block rebate models. He states, “We are going to see more focus and emphasis from drug manufacturers on whether HRSA has the right to shoot down the rebate model, as well as federal reform efforts.” This proposed system would enable manufacturers to vet data from 340B hospitals to prevent duplicate discounts.
Read the article here: https://www.modernhealthcare.com/legal/supreme-court-340b-contract-pharmacy-lawsuit-arkansas