Recent developments in the 340B program highlight ongoing advocacy and legal challenges affecting covered entities. ASHP is lobbying on Capitol Hill for expanded Medicare coverage and protections for the 340B program. Concurrently, Oklahoma is seeking to reinstate a state law aimed at expanding access to 340B discounted drugs, facing significant opposition from the pharmaceutical industry. In the corporate sector, Johnson & Johnson has announced a new requirement for 340B providers to submit claims data to maintain pricing, which will impact all covered entity types. Additionally, the AHA has provided a comparative analysis of three congressional bills proposing changes to the 340B program, focusing on transparency and program integrity. These developments reflect a critical moment for the 340B program as stakeholders address legislative and regulatory challenges.
ASHP members are lobbying for expanded Medicare coverage and 340B program protections, focusing on key legislative acts.
Oklahoma has petitioned the 10th Circuit to reinstate a law expanding access to 340B discounted drugs, facing pharmaceutical industry opposition.
J&J will require 340B providers to submit claims data to maintain pricing, affecting all covered entity types.
AHA compares three congressional bills proposing changes to the 340B program, focusing on transparency and program integrity.
NASP submitted comments to CMS on proposed changes to 340B reimbursement, noting implications for specialty pharmacy services.
- Pharmaceutical companies face increased legal exposure and potential financial penalties from ongoing 340B litigation.
- Covered entities risk losing 340B savings due to new manufacturer data requirements and potential noncompliance.
- State laws expanding 340B access may face legal challenges from manufacturers, creating uncertainty for covered entities.
- HRSA’s proposed rebate model could disrupt cash flow for covered entities if implemented, increasing financial strain.
- Covered entities can use legal victories to negotiate better terms with manufacturers.
- Advocacy efforts by organizations like ASHP may lead to strengthened 340B protections and expanded coverage.
- State laws supporting 340B access may serve as models for other states, broadening program reach.
- Engagement in HRSA’s RFI process allows stakeholders to influence future 340B rebate models.
- Monitor ongoing litigation and adjust compliance strategies to mitigate legal risks.
- Engage with state and federal legislative processes to support favorable 340B policies.
- Prepare for potential operational changes due to HRSA’s rebate model by building data infrastructure.
- Collaborate with industry groups to advocate for 340B program stability and integrity.
- ASHP is lobbying Congress for expanded Medicare coverage and 340B program protections.
- Key legislative acts include the Main Street Pharmacy Access Act and Equitable Community Access to Pharmacist Services Act.
- AHA analyzed three congressional bills proposing changes to the 340B program.
- Key focuses include transparency, program integrity, and HRSA’s oversight authority.
- NASP addressed potential impacts of CMS’s proposed 340B payment changes.
- Comments focused on implications for specialty pharmacy services and patient access.
| Court | Matter | Date |
|---|---|---|
| M.D. Fla. | Florida Health Sciences Center, Inc. v. Eli Lilly and Company — Dismiss. Case filed July 2, 2026. [source] | September 21, 2026 |
| 8th Cir. | Novartis Pharmaceuticals Corp. v. Catherine L. Hanaway — Judge order: The petition for rehearing en banc is denied. The petition for panel rehearing is also denied. Case filed March 28, 2025. [source] | September 16, 2026 |
| 8th Cir. | AbbVie, Inc. v. Marty Jackley — Motion to hold briefing schedule in abeyance. Case filed August 11, 2026. [source] | September 15, 2026 |
| D.N.M. | AbbVie Inc. v. Torrez — Memorandum opinion and order granting Motion for Leave to File Amicus Curiae Brief; and denying Plaintiffs’ Motion for Preliminary Injunction. Case filed December 10, 2025. [source] | September 14, 2026 |
| S.D.N.Y. | Mount Sinai Hospital v. CVS Health Corporation — Report of Rule 26(f) conference and case management plan: All fact discovery must be completed by November 10, 2027. Last date to amend any pleading pursuant to Fed. R. Civ. P. 15(a) is February 28, 2027. Case filed May 18, 2026. [source] | September 11, 2026 |
| D.D.C. | COREWELL HEALTH WILLIAM BEAUMONT UNIVERSITY HOSPITAL v. KENNEDY — Complaint against All Defendants. Case filed September 3, 2026. [source] | September 3, 2026 |
| D. Colo. | Pharmaceutical Research and Manufacturers of America v. Weiser — Order. The Recommendation of the United States Magistrate Judge is accepted and adopted on alternative grounds supported in the record. Defendants Motion to Dismiss is granted. Case filed August 6, 2025. [source] | September 1, 2026 |
| D.D.C. | ABBVIE INC. v. KENNEDY — Joinder. Case filed April 8, 2026. [source] | September 1, 2026 |
| Manufacturer | Action | Date |
|---|---|---|
| Johnson & Johnson | Requires 340B providers to submit claims data for pricing. [source] | September 11, 2026 |
The following items were identified through web searches for recent stakeholder and social commentary on the U.S. 340B Drug Pricing Program from the past 90 days, including reactions, statements, op-eds, and advocacy positions from various groups and platforms.
- Main theme: Growing calls for transparency and patient-focused reforms in the 340B program.
- Stakeholder sentiment: Critical; Ashley John, Director of Issue Advocacy at Novartis, stated, “But we really have seen tremendous growth over the past few years… it is very clear that hospitals need better criteria for which patients they are serving.”
- Potential implications: Potential policy changes to enhance transparency and ensure the program benefits vulnerable patients.
- Credibility: Bio.News is a specialized news outlet covering biotechnology and healthcare policy.
- Main theme: Concerns over drug manufacturers’ actions threatening the 340B program.
- Stakeholder sentiment: Concerned; ASHP Chief Advocacy Officer Tom Kraus discusses tactics by drug manufacturers to weaken the program.
- Potential implications: Potential challenges to the financial stability of hospitals relying on the 340B program.
- Credibility: ASHP is a reputable organization representing pharmacists and healthcare providers.
- Main theme: Expert debate on the 340B program’s role and challenges.
- Stakeholder sentiment: Mixed; experts Shawn Gremminger and Tom Kraus discuss the program’s role as a safety net versus calls for increased transparency.
- Potential implications: Potential policy shifts affecting the 340B program’s future.
- Credibility: Drug Topics is a publication focusing on pharmacy and healthcare news.
- Main theme: Recap of a briefing on 340B program transparency.
- Stakeholder sentiment: Supportive; Senator Roger Marshall emphasized the need for affordability in healthcare policy.
- Potential implications: Potential legislative actions to enhance transparency and accountability in the 340B program.
- Credibility: National Alliance of Healthcare Purchaser Coalitions is a coalition of employer healthcare purchasers.
- HRSA’s decision on the 340B rebate model following the RFI process. [source]
- Further developments in the False Claims Act lawsuit against major pharma companies. [source]
This briefing is provided for informational purposes only and does not constitute legal, regulatory, financial, or compliance advice. Automated summarization may contain errors or omissions, and source materials may change after publication. Recipients should independently verify all information against the cited primary sources before relying on it.
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