Eli Lil­ly serves up a win over Biden's HHS in drug dis­count court case

In the bat­tle over a grow­ing fed­er­al drug dis­count pro­gram and whether phar­ma com­pa­nies can uni­lat­er­al­ly change what en­ti­ties re­ceive cer­tain dis­counts, the in­dus­try was just dealt a win from a US dis­trict court.

The In­di­ana court ruled that a let­ter from HHS to drug­mak­ers in May, which said their uni­lat­er­al changes to the dis­counts were il­le­gal, is “ar­bi­trary and capri­cious.” Now HRSA, which runs the 340B drug dis­count pro­gram, has to come up with fur­ther con­sid­er­a­tion/ac­tion con­sis­tent with the opin­ion.

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