ARTICLE | Politics & Policy

Supreme Court to hear drug pricing case

September 30, 2010 12:56 AM UTC

The U.S. Supreme Court will hear an appeal early next year seeking to prevent local health providers that participate in the 340B drug discount program from suing drug manufacturers for alleged drug overpricing. Last year, the U.S. Court of Appeals for the Ninth Circuit ruled that 340B entities have the right as third parties to sue because they are intended direct beneficiaries of the 340B pharmaceutical pricing agreement between manufacturers and HHS. The Ninth Circuit also said that allowing such suits from 340B entities is consistent with the intent of Congress in enacting the 340B program, "even though the statute itself does not create a federal private cause of action." ...