Third Circuit Rules Drug Manufacturer 340B Contract Pharmacy Restrictions Are Legal
Issue
The U.S. Court of Appeals for the Third Circuit unanimously ruled that manufacturer restrictions on 340B contract pharmacy access are lawful and HRSA’s policy prohibiting them is unlawful. 18 manufacturers now restrict contract pharmacy access.
Devastating for FQHCs without in-house pharmacies who rely on contract pharmacy arrangements for 340B savings. Combined with the rebate pilot court-ordered pause and expanded audit requirements, 340B contract pharmacy revenue faces pressure from three directions.
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Part of
- 340B drug pricing
HRSA's rebate model pilot · State contract-pharmacy laws and the circuit split · Manufacturer restrictions and data demands
FQHC Talent. (2026, January 30). Third Circuit Rules Drug Manufacturer 340B Contract Pharmacy Restrictions Are Legal. Source: Bass Berry & Sims. Retrieved October 6, 2026, from https://www.fqhctalent.com/intel/third-circuit-340b-contract-pharmacy-restrictions-legal
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