America’s Essential Hospitals on Jan. 5 filed a new amicus brief in a legal challenge seeking to prohibit the Health Resources and Services Administration (HRSA) from implementing its pilot rebate model for the 340B Drug Pricing Program. Filed with the First Circuit Court of Appeals, the brief urges the court to deny the Department of Health and Human Services’ (HHS’) request for a stay. The brief also urges the court to uphold the Dec. 19 preliminary injunction issued by the U.S. District Court for the District of Maine, which blocked the pilot from taking effect.
HHS filed the appeal and is seeking a stay of the injunction to allow the pilot program to proceed while the litigation continues.
The amicus brief defends the district court’s reasoning and identifies additional legal deficiencies in HHS’ stay request, arguing that the agency cannot meet the standard required to proceed with the pilot while the appeal is pending. The brief was also signed by 340B Health, the American Society of Health-System Pharmacists, the Association of American Medical Colleges, and the Children’s Hospital Association.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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