In 1990, Congress enacted the Medicaid Rebate Program, as part of the Omnibus Reconciliation Act of 1990 (Pub. L. No. 101-508).20. This law requires drug companies that choose to participate in Medicaid to give states, which administer Medicaid, discounts comparable to those given to other payers.
Amicus Briefs
The AHA weighs in on a number of issues of importance to hospitals and health systems, as well as the patients they care for, as they come before the court. Below are our most recent friend-of-the-court briefs.
Latest
The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 5th Circuit Court of Appeals to void a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.
The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 11th Circuit Court of Appeals to void a district court decision that refused to allow the case to proceed in federal court and denied the full protections of the Public Readiness and Emergency Preparedness Act of 2005 for health care providers and other covered entities involved in the administration, manufacture, distribution, use or allocation of countermeasures during the COVID-19 pandemic.
Amicus Brief Eli Lilly v Cochran Re 340B Contract Pharmacy – Intervention filed June 23, 2021.
Amicus Brief NOVO NORDISK v Cochran Re 340B Contract Pharmacy – Intervention
AHA, others urge 9th Circuit Court of Appeals to affirm a decision holding that the PREP Act provides broad immunity from tort liability to health care providers and other covered entities, June 16, 2021.
The 340B program, established by section 340B of the Public Health Service
Act, 42 U.S.C. § 256b, requires as a condition of participating in Medicaid and Medicare Part B that pharmaceutical manufacturers sell outpatient drugs at a discounted price to certain public and not-for-profit hospitals, community health centers, and other providers that serve patients with low incomes (340B providers or covered entities).
Hospital Associations support challenge to conditions placed on hospital affiliation.
American Hospital Association, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, National Association of Children’s Hospitals d/b/a Children’s Hospital Association, and American Society of Health-System Pharmacists, by and through their undersigned attorneys, hereby file this amicus brief in support of Defendants’ opposition to the motion for summary judgment filed by AstraZeneca Pharmaceuticals LP (AstraZeneca).
The AHA and Texas Hospital Association filed a friend-of-the-court brief supporting the Texas Health and Human Services Commission and several Texas hospitals and health systems challenging a U.S. Department of Health and Human Services’ Departmental Appeals Board decision adopting a “net effect” standard for “bona fide provider-related donations” to supplemental payments in Medicaid.
Government’s Opposition to Motion to Intervene - AstraZeneca v. Cochran (March 12, 2021)
Amicus Brief–Hospital Systems - 340B Payment Reductions March 12 2021
Amicus Brief-State and Regional Hosp Associations 340B Case
Amicus Brief-State and Regional Hosp Associations Site Neutral Case
IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
NOT YET SCHEDULED FOR ORAL ARGUMENT
No. 20-5193
NO DATE FOR ORAL ARGUMENT HAS BEEN SET
No. 20-5193
ORAL ARGUMENT NOT YET SCHEDULED
No. 20-5193
IN THE UNITED STATES COURT OF APPEALS
The AHA, California Hospital Association, and Washington State Hospital Association today urged the U.S. Court of Appeals for the 9th Circuit to reverse a district court decision in a lawsuit brought by data analysis company Integra Med Analytics that “gives private plaintiffs broad license to file suits under the FCA in ways that Congress never intended and expressly barred.”