Eli Lilly Drug Discount Program Challenge Lacks Merit, HHS Says

Eli Lilly & Co.'s lawsuit claiming HHS acted unlawfully when it confirmed that drugmakers must continue supplying discounted products to contract pharmacies to ensure Medicare and Medicaid payments must be dismissed, the government said.

The drugmaker’s complaint fails to state a cause of action because the advisory opinion it challenges isn’t a final agency action, the U.S. Health and Human Services Department said.

The lawsuit also came too late, as the opinion merely reiterates a long-standing policy regarding drugmakers’ participation in the 340B Drug Pricing Program, the agency told the U.S. District Court for the Southern District of Indiana. ...