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Decision by U.S. District Judge Billy Roy Wilson Regarding the Legality of the 340B Drug Pricing Nondiscrimination Act

Pending are Plaintiff’s Motion for Summary Judgment on Preemption (Doc. No. 24), Defendant Leslie Rutledge’s Cross-Motion for Summary Judgment (Doc. No. 32), and Intervenors’ Cross-Motion for Summary Judgment on Preemption (Doc. No. 35). The parties have responded and replied.1 For the reasons set out below, Plaintiff’s motion is DENIED. Intervenors’ cross-motion is GRANTED. Defendant Leslie Rutledge’s cross-motion is DENIED as MOOT.
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AHA Declaration in Support of Legal Challenge to CMS Drug Pricing Model

The AHA filed a declaration supporting other organizations seeking a temporary restraining order and preliminary injunction to prevent the Centers for Medicare & Medicaid Services from cutting under its Most Favored Nation Model payments for certain Medicare Part B drugs and biologicals to no more than the lowest price that drug manufacturers receive in other similar countries.