The American Hospital Association and other groups have filed an amicus brief urging the U.S. Court of Appeals for the 4th Circuit to grant en banc review of a decision invalidating West Virginia’s 340B contract pharmacy law.
The request follows a March 31 ruling in which the 4th Circuit upheld a preliminary injunction blocking enforcement of the law, finding it was likely preempted by federal statute.
In the April 17 filing, the AHA and other groups argued the decision undermines state authority to protect the 340B Drug Pricing Program and conflicts with rulings from the 5th and 8th circuits that upheld similar laws.
The AHA was joined in filing the brief by the West Virginia Hospital Association, 340B Health and the American Society of Health-System Pharmacists. The groups said the case carries “exceptional importance,” citing potential risks to hospitals, services and patient access if the ruling stands.
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