Feldesman Partner Steve Kuperberg provided commentary in the April 11, 2024 edition of the 340B Report regarding the White House’s recent review of the 340B dispute process. On April 8, 2024, the White House’s Office of Management and Budget (OMB) concluded its extensive evaluation of the Administrative Dispute Resolution (ADR) process, aimed at addressing disagreements between drug manufacturers and providers within the 340B program.

Mr. Kuperberg noted the importance of a robust ADR process during his discussion with the 340B Report.  He highlighted a pivotal ruling by the U.S. Supreme Court in Astra v. Santa Clara County (2011), emphasizing the necessity for covered entities to have the legal recourse to challenge drug manufacturers for disregarding 340B drug price limitations.

The 340B Report is an independent news outlet covering the federal 340B drug discount program. Please click here to read the entire article.