AHA Files En Banc Review Petition After 4th Circuit Blocks WV 340B Contract Pharmacy Law — Decision Expected Mid-May
American Hospital Association filed en banc review petition April 17 after 4th Circuit panel blocked West Virginia's S.B. 325 (which forced manufacturers to ship 340B drugs to contract pharmacies).
Combined with the 4th Circuit's April 14 vacatur of Maryland's similar law, drugmakers won two consecutive 4th Circuit rulings. AHA argues panel decision conflicts with 5th and 8th Circuit rulings, citing critical importance of preserving state-level 340B protections.
Decision window typically 30 days. Outcome shapes whether other 4th Circuit states (NC, SC, VA) can pass 340B contract pharmacy access laws — and indirectly affects circuit-split posture for likely Supreme Court review.
Key takeaways
- AHA files en banc petition April 17 — decision typically within 30 days
- Two consecutive 4th Circuit rulings sided with drugmakers (WV + MD)
- Outcome affects whether 4th Circuit states can pass 340B protection laws
- Circuit split deepens — likely Supreme Court review
Primary source
AHAFQHC Talent. (2026, April 17). AHA Files En Banc Review Petition After 4th Circuit Blocks WV 340B Contract Pharmacy Law — Decision Expected Mid-May. Primary source: AHA. Retrieved June 15, 2026, from https://www.fqhctalent.com/intel/aha-en-banc-petition-4th-circuit-340b-wv-april-17-2026
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