America’s Essential Hospitals has joined three other hospital associations in filing multiple friend-of-the-court briefs in the U.S. District Court for the District of Columbia urging the Court to reject unlawful rebate models proposed for the 340B Drug Pricing Program.
The association signed four separate briefs opposing six efforts to undermine the 340B program. The first amicus brief responds to three separate lawsuits filed by Eli Lilly, Bristol Myers Squibb, and Novartis. The second and third briefs separately respond to suits filed by Johnson & Johnson and Sanofi-Aventis to implement a 340B rebate program. The final amicus brief pertains to a 2021 suit filed by the technology company Kalderos over the federal government’s rejection of a 340B rebate model.
The briefs, also signed by the American Hospital Association, Children’s Hospital Association, and Association of American Medical Colleges, argue the proposed rebate model contradicts the legal framework, purpose, and historical practice of the 340B program. Kalderos and the five manufacturers have alleged the federal government’s rejection of rebate models is arbitrary and capricious and are suing to request the court authorize their proposals.
The briefs urge the court to uphold the Health Resources and Services Administration’s rejection of rebate models and to deny summary judgement in favor of the plaintiffs.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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