The Biden Administration is expected to appeal the decision from the Supreme Court allowing drug manufacturers to terminate sales of 340B discounted products to contracted hospital pharmacies.

The U.S. Supreme Court, in a unanimous decision, today struck down Medicare cuts to 340B hospitals, saying that the Department of Health and Human Services (HHS) did not survey participating 340B hospitals’ acquisition costs before imposing the cuts, thereby violating protections in the law against varying payment rates for certain hospitals.

By its action today, the court overturned a lower court decision that was in favor of the HHS decision.

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