On Oct. 16, America’s Essential Hospitals filed an amicus brief with the U.S. District Court for the District of Maine in a lawsuit to stop the implementation of unlawful rebate models for the 340B Drug Pricing Program. The Health Resources and Services Administration (HRSA) intends to launch the pilot rebate program on Jan. 1, 2027, unless legal intervention filed Oct. 9 succeeds.
The brief provides further context into how rebate models burden safety net providers and describes how HRSA’s justifications for the rebate model are insufficient in the face of statute and legal precedent. It provides additional context for the lawsuit filed on Oct. 9, and requests the court grant a temporary restraining order to prohibit implementation of the rebate model on Jan. 1.
Other signers include 340B Health, the American Association of Medical Colleges, and the Children’s Hospital Association.
America’s Essential Hospitals separately endorsed the 340B Rebate Model Delay Act, H.R. 10770, which was introduced Oct. 9 and would delay implementation of a 340B rebate model for two years.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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