Court Says HHS Exceeded Law, Sides With Drug Makers In 340B Pharmacy Case

By Jessica Karins / January 31, 2023 at 3:55 PM
Drug companies can continue limiting the number of contract pharmacies a provider can use to distribute discounted drugs under the 340B program, the Third Circuit Court of Appeals ruled Monday (Jan. 31), while chastising HHS for trying to stop the drug companies’ efforts despite a lack of statutory clarity on the issue. “Statutory silences, like awkward silences, tempt speech,” the opinion says. “But courts must resist the urge to fill in words that Congress left out. The Department of Health...

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