Injunction and Restraining Order Sought in 340B Battle

Ryan White Clinics for 340B Access (RWC-340B) last week asked a federal district court to issue a temporary restraining order and preliminary injunction requiring U.S. Health and Human Services (HHS) Secretary Alex Azar to issue 340B program binding administrative dispute resolution (ADR) regulations within 60 days, requiring Azar to declare that federal law entitles covered entities to buy covered outpatient drugs at 340B discounts, and ordering Azar to enforce covered entities’ rights to 340B discounts for contract pharmacy orders. RWC-340B asked for the order and injunction as part of its lawsuit to compel HHS to punish four drug that are denying 340B pricing on their products when ordered through contract pharmacy arrangements. In a memo RWC-340B filed with its motions for relief, the group said 340B covered entities and the patients they serve will suffer irreparable harm if the court waits until the end of the case to issue remedial orders.