AHA and 340B Health defend Arkansas' 340B Drug Pricing Nondiscrimination Act, supporting community access to care and opposing PhRMA's constitutional challenge

Sample article from our Health Care Sector

April 18, 2023 (press release) –

The AHA, joined by the Arkansas Hospital Association and 340B Health, late Friday filed an amicus brief in the U.S. Court of Appeals for the 8th Circuit defending Arkansas’ 340B Drug Pricing Nondiscrimination Act against a constitutional challenge brought by the Pharmaceutical Research and Manufacturers of America (PhRMA). The Arkansas law prohibits discriminatory payment policies against 340B providers in the state, including drug company policies that restrict provider access to 340B discounts through community and specialty pharmacy partners. The AHA’s brief argues that the Arkansas statute does not conflict with federal law, but rather supports and complements the 340B program. 
“Faced with drug companies’ unprecedented assault on Arkansas’s health care safety net, the state legislature acted responsibly to protect their citizens’ access to care from 340B hospitals and other providers,” the organizations said. “As our amicus brief explains, the Arkansas law does not interfere with or intrude upon the 340B program – it advances the very goals Congress had when creating that program in the first place. Without laws like Arkansas Act 1103, drug companies would continue to pad their profits while raising the risk that several Arkansas hospitals would be forced to shut down. Just like the district court did, the court of appeals should reject PhRMA’s efforts to harm Arkansas patients and communities.”

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Dan Rivard
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