AAMC Urges Court to Dismiss Challenges to 340B ‘Patient’ Definition

The AAMC joined the American Hospital Association, America’s Essential Hospitals, Children’s Hospital Association, and the American Society of Health-System Pharmacists in filing an amicus brief (PDF) on July 14 in support of the Department of Health and Human Services’ motion to dismiss a lawsuit brought by the drug manufacturer, AbbVie, challenging the long-standing definition of “patient” under the 340B Drug Pricing Program.

“If AbbVie succeeds here in shrinking that definition,” the brief states, “hospitals in rural and underserved communities will be forced to reduce healthcare services or eliminate them altogether.” The brief argues that the HHS’ interpretation of “patient” is consistent with the 340B statute, and that AbbVie has violated hospitals’ procedural due process rights by seeking federal court review before the audit and Administrative Dispute Resolution process is complete. It also notes that hospitals must be given notice and an opportunity to be heard through this statutorily mandated process.