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HHS Pulls Advisory Opinion for 340B Drug Discount Program

June 24, 2021

HHS has withdrawn an advisory opinion issued in late December, which stated that drugmakers must offer 340B drug discounts through contracting pharmacies.

HHS said it was withdrawing the advisory opinion “in light of ongoing confusion” about the opinion’s scope and impact after a federal judge in Delaware said the opinion created ambiguous requirements for the 340B program.

The department withdrew the opinion after the Delaware court denied its motion to toss out a lawsuit filed by AstraZeneca over the 340B mandate.

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