Eli Lilly Urges Judge to Allow Drug Discount Lawsuit to Proceed

May 11, 2021, 6:26 PM

An HHS “advisory opinion” requiring drugmakers to continue offering their products to contract pharmacies at steep discounts must be reviewed as a final agency action and invalidated because it is contrary to law, Eli Lilly & Co. told a federal court.

The drugmaker urged the U.S. District Court for the Southern District of Indiana to deny the U.S. Health and Human Services Department’s motion to dismiss or grant the agency summary judgment in Lilly’s suit challenging the 340B discount program’s application to contract pharmacies.

The 340B program requires drugmakers participating in Medicare Part B and Medicaid to offer steeply discounted ...

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