HHS Advisory Opinion on Contract Pharmacies FINALLY!!!

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HHS released an advisory opinion regarding certain manufacturer’s refusal to sell 340B drugs through a contract pharmacy.

See documents attached.

“The Office of the General Counsel (“OGC”) has received numerous requests from both manufacturers and covered entities to address whether it is proper for a drug manufacturer participating in the 340B Program to refuse to provide covered outpatient drugs at the 340B ceiling price to a covered entity for drugs distributed at the entity’s contract pharmacies. For the reasons set forth below, we conclude that to the extent contract pharmacies are acting as agents of a covered entity, a drug manufacturer in the 340B Program is obligated to deliver its covered outpatient drugs to those contract pharmacies and to charge the covered entity no more than the 340B ceiling price for those drugs.

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