Federal Court Vacates 340B Rebate Model Pilot, Preserves Upfront Discount for FQHCs (For Now)
Issue
In AHA v. Kennedy, the U.S. District Court for the District of Maine vacated HRSA's 340B Rebate Model Pilot Program, finding the agency's administrative record 'threadbare' and that it failed to consider the financial burden on providers of paying full price upfront and waiting for rebates. HRSA published a Request for Information (comments due April 20, 2026) as it reconsiders.
NACHC plans to submit comments on detrimental impact to community health centers. The ruling preserves the current upfront 340B discount model — critical for FQHC pharmacy revenue.
Key points
- Court found HRSA's 340B rebate model record 'threadbare' — vacated the pilot program
- HRSA RFI open until April 20, 2026 — FQHCs should submit comments via NACHC
- Current upfront 340B discount preserved for now — critical pharmacy revenue protection
Sources for this story
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Part of
- 340B drug pricing
HRSA's rebate model pilot
FQHC Talent. (2026, February 10). Federal Court Vacates 340B Rebate Model Pilot, Preserves Upfront Discount for FQHCs (For Now). Source: Feldesman Tucker Leifer Fidell LLP. Retrieved October 6, 2026, from https://www.fqhctalent.com/intel/340b-rebate-model-pilot-vacated-feb-2026
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