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All issues
340B & pharmacyIn courtUpdated

340B drug pricing

Court rulings, drugmaker actions, and state laws that change how health centers and other covered entities get 340B savings.

192 updates · 188 sources · 4 analysis

RSSThis week's summary

Where it stands

On November 18 a Maine federal court hears the hospitals' bid to block HRSA's 340B rebate pilot, starting January 1, 2027. The government and four drugmakers oppose it. NACHC and the National PCA Hub back it. West Virginia's Cabin Creek Health Systems says its drug purchasing costs in the pilot could rise from $100,000 to about $750,000. A bipartisan House bill would end the pilot. CMS's final 2027 Physician Fee Schedule requires Medicare-enrolled covered entities to report Part D 340B claims, first by September 30, 2027. On November 9 the Illinois Primary Health Care Association, representing 55 health centers, said it asked to help defend the state's 340B law. The Massachusetts Senate passed a supplemental budget without the House's 340B section. Mississippi's Supreme Court response to Novartis is due November 27. The Ninth Circuit hears Washington's case December 1.

As of

Based on: U.S. District Court for the District of Maine · U.S. District Court, District of Maine · West Virginia Watch · Association of American Medical Colleges · Centers for Medicare & Medicaid Services · Illinois Primary Health Care Association · Massachusetts Legislature · Supreme Court of the United States · U.S. Court of Appeals for the Ninth Circuit

Analysis

Medicare’s 2027 health center rate is final, and telehealth pay stays put

FQHC Talent ·

On November 4, 2026, CMS filed its final 2027 fee schedule rule. The FQHC base rate rises 2.6%, from $207.72 to $213.12. Non-behavioral telehealth is still paid at national fee schedule rates, with authority through December 31, 2027. Covered entities enrolled in Medicare must report Part D 340B claims starting with 2027 claims.

This week: Give billing the $213.12 base rate for January 1 and name who will own Part D 340B claims reporting, first due September 30, 2027.

Based on: CMS sets the 2027 Medicare base rate for FQHCs at $213.12 · CMS keeps current telehealth payment for FQHC medical visits in 2027 · CMS makes Part D 340B claims reporting mandatory starting in 2027

What to watch

  • Court rulings and HHS decisions on rebate and contract-pharmacy models.
  • State enforcement, new state protection laws, and whether drugmakers comply.

What's next

Calendar (.ics)

What changed

State contract-pharmacy laws and the circuit split

Open
Show 69 earlier updates

Manufacturer restrictions and data demands

Open
Show 26 earlier updates

HRSA's rebate model pilot

Open

U.S. District Court for the District of Maine

Maine court sets November 18 hearing on 340B rebate pilot motion

A Maine federal court set a November 18 hearing on the hospitals’ motion to block the 340B rebate pilot, before Judge Lance E. Walker in Portland. The federal government and four drugmakers filed oppositions on November 3.

U.S. District Court, District of Maine

PhRMA urges Maine court to let the 340B rebate pilot proceed

PhRMA filed a brief in Maine federal court opposing the hospitals’ request for a preliminary injunction against the 340B rebate pilot. The brief cites HRSA’s estimate that the pilot covers around 5% of 340B sales.

Show 36 earlier updates

State Medicaid 340B billing rules and carve-outs

Open
Show 21 earlier updates

Federal 340B legislation

Open
Show 8 earlier updates

AbbVie v. HRSA and the patient definition

Open

U.S. District Court for the District of Columbia, AbbVie Inc. v. Kennedy, No. 1:26-cv-01190

Judge lets NACHC defend the 340B patient definition in AbbVie's lawsuit

Judge Randolph Moss let NACHC, Ryan White Clinics for 340B Access and 340B Health join AbbVie's lawsuit over HRSA's 340B patient definition. NACHC and RWC-340B also joined the government's motion to dismiss.

Show 3 earlier updates

HRSA audits and repayment

Open
Show 3 earlier updates

Other updates

Show 22 earlier updates

Sources

  • 340B Report (12)
  • American Hospital Association (7)
  • AHA (5)
  • HRSA Office of Pharmacy Affairs (3)
  • Sidley Austin LLP (3)
  • U.S. Court of Appeals for the Fourth Circuit (3)
  • Arkansas Advocate (2)
  • Cencora (340B Manufacturer Updates) (2)
  • Federal Register (2)
  • HRSA / Federal Register (2)
  • Massachusetts Health & Hospital Association (Monday Report) (2)
  • Missouri Hospital Association; Powers Law (intervenors' counsel) (2)
  • National Law Review (2)
  • Spokesman-Review / PhRMA (2)
  • Supreme Court of the United States — Novartis Pharmaceuticals Corporation v. Fitch, No. 26-457 (docket) (2)
  • U.S. Court of Appeals for the Fifth Circuit (2)
  • U.S. Senate HELP Committee (2)
  • Virginia General Assembly (2)
  • WISH-TV (2)
  • 340B Report (October 22, 2026), reporting on a National Association of Community Health Centers request to HRSA (1)
  • 340B Report (October 27, 2026), Richmond dateline, on the Fourth Circuit en banc rehearing of West Virginia and Maryland 340B laws (1)
  • AAMC Washington Highlights; National Law Review (bill mechanics) (1)
  • Advanced Contracting Initiatives (1)
  • AHA / NACHC / ASHP / WHA (1)
  • AHA Press Release (1)
  • Alabama Medicaid Agency (1)
  • American Hospital Association (AHA News) (1)
  • American Hospital Association (reporting the D.C. Circuit ruling) (1)
  • Amgen Inc. — 340B Program Integrity Policy Update (company statement) (1)
  • Anchorage Neighborhood Health Center (1)

and 121 more organizations