Get to Know 340B: HHS ADR Panel

HHS is taking next steps to consider petitions against drug manufacturers for restricting use of contract pharmacies. Read today's blog to learn more about the status of the petitions.
HHS Assigns Members to ADR Panel 
Last week, HRSA announced it has assigned members to an Administrative Dispute Resolution (ADR) panel to review the National Association of Community Health Center's (NACHC) petitions against Sanofi and AstraZeneca regarding the drug manufacturers' restrictions on contract pharmacies. The day following HRSA's announcement, Sanofi requested that a federal judge block the proceedings brought against them. A court already granted Eli Lilly a preliminary injunction against ADR proceedings.  
The announcement by HHS comes more than a year after several major drug manufacturers began restricting the shipment of 340B-priced medications to contract pharmacies or making shipments contingent upon data requests. In response to actions by these manufacturers, NACHC sued the U.S. Department of Health and Human services to implement a long-delayed Administrative Dispute Resolution process that would allow 340B-covered entities, including health centers to bring claims against drug manufacturers. In addition to NACHC's lawsuit, the Ryan White Clinics for 340B access also filed suit. In response to these lawsuits, HHS published the regulation on the ADR process in January and NACHC filed a petition against several drug manufacturers.  
Although HHS published the regulation to institute the ADR process in January, the appointment of the panel to hear claims was delayed due to the transition between the Trump and Biden administration. In June, HHS Secretary Becerra selected eight members for the ADR Board and three of those members will now serve on the panel to hear NACHC's petition, however the timeline for further action by the panel us unclear.
Read more about NACHC's lawsuit >>>



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