HHS Pulls Pharmacy Discount Rule Amid Litigation Barrage

Law360 (June 18, 2021, 10:50 PM EDT) -- Following a court defeat, the U.S. Department of Health and Human Services late Friday told federal courts that it has withdrawn its December finding that drug manufacturers can't limit the number of pharmacies eligible to fill government-set, capped-cost prescriptions for eligible organizations.

HHS said in a notice that it was withdrawing its advisory opinion in light of the "ongoing confusion" about its scope and impact, while noting that numerous drugmakers, including AstraZeneca Pharma LP, Eli Lilly and Co., and Sanofi-Aventis U.S. LLC, have challenged the finding.

"The opinion was never intended to do what plaintiffs in those suits allege: to create...

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