In a recent decision, the US District Court of Appeals Upheld State’s Rights to Regulate 340B.Some key quotes from the ruling.
- First, the 340B Program is not “so pervasive . . . that Congress left no room for the States to supplement it.”
- Pharmacies have always been an essential part of the 340B Program. Yet, the text of 340B “is silent about delivery” of drugs to patients. This silence contrasts with 340B’s provisions that directly address distribution by third-party wholesalers.
- Congress’s decision not to legislate the issue of pharmacy distribution indicates that Section 340B is not intended to preempt the field.
Read the decision: PhRMA v. McClain–8th Circuit Opinion (D1107579)
