HHS Scores Win in Hospitals’ Fight of Drug Discount Plan Audits

A federal judge agreed with the US Department of Health and Human Services to dismiss a case brought by hospitals challenging an agency decision that allowed Johnson & Johnson to audit their systems over utilization of a federal drug discount program.

The health department’s decision wasn’t a final agency action when it approved Johnson & Johnson’s audit plans for five health entities, and therefore the case can be tossed, Judge Rudolph Contreras for the US District Court for the District of Columbia ruled Tuesday.

“Plaintiffs make much of their fear that they will be unable ‘to limit J&J’s use ...