AHA urges court to reject AbbVie bid to change 340B program rules

The AHA today filed a friend-of-the-court brief supporting the Department of Health and Human Services’ motion to dismiss AbbVie’s lawsuit challenging the agency’s longstanding definition of “patient” under the 340B Drug Pricing Program.

The AHA argued that AbbVie is attempting to bypass the 340B program’s required audit and administrative dispute resolution processes and use litigation to change established program rules. The association said that HHS’ interpretation of “patient” is consistent with the 340B statute and allowing the case to proceed could deprive hospitals of due process protections guaranteed under the law.

Joining the AHA in the brief were America’s Essential Hospitals, the Children’s Hospital Association, the Association of American Medical Colleges and the American Society of Health-System Pharmacists.