Court win for Eli Lilly halts HHS’s drug discount rule
The haphazard way in which HHS promulgated a rulemaking related to a contested drug discount program ultimately led to the rule’s undoing and a win for Eli Lilly in a closely-watched court case.
The decision from Judge Sarah Evans Barker of the US District Court for the Southern District of Indiana, unveiled late Tuesday, made clear that HHS did not follow the proper protocol in finalizing a rule on the drug program, known as the 340B program, and that HHS’s messaging around its proposal was “ambiguous, confusing, duplicitous, and misleading.”
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