Cases & Deals

Drug manufacturer intervenes in litigation to defend Section 340B drug pricing

Clients Drug manufacturer

Jones Day represents a drug manufacturer in litigation challenging its discounted drug pricing practices under Section 340B of the Public Health Service Act. Section 340B requires pharmaceutical manufacturers participating in Medicare and Medicaid to offer outpatient drugs at discounted prices to certain “covered entities” that provide care for many uninsured or low-income patients. Several covered entities participating in the 340B program allege that the drug manufacturer’s discounted practices are inconsistent with the statute.