A federal judge has refused to throw out a challenge to the HRSA advisory opinion that drug makers cannot charge a covered entity more than the ceiling price for 340B drugs. The Judge noted that “Congress may very well want pharmaceutical manufacturers to deliver 340B drugs to an unlimited number of contract pharmacies,” however this “kind of policymaking is for Congress, not this Court.” In lieu of the judge’s decision, HHS has pulled the advisory opinion. However, HHS has not withdrawn a series of letters it sent to six drug manufactures last month calling for them to end the restrictions to contract pharmacies. AHPA will keep you updated on what happens next.

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