HHS Drug Discount Push ‘Flawed,’ Court Says in AstraZeneca Suit

A federal court denied a Health and Human Services Department request to toss a lawsuit with AstraZeneca over a drug discount program, taking issue with a divisive policy push on how drugmakers should participate and asking the parties to weigh in before deciding whether to strike it down.

The HHS in 2020 issued an advisory opinion stating pharmaceutical companies participating in the 340B drug pricing program must offer discounts through pharmacies contracting with health centers that treat low-income patients.

That opinion, however, “is not the sole reasonable interpretation” of the law governing the program, the U.S. District Court for the ...