Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Brenda Shafer, Michael French and Richard Davis Author Law360 Article on Questions Related to Section 340B Drug Pricing

By Brenda Maloney Shafer, Michael French & Richard Davis on December 15, 2022
Email this postTweet this postLike this postShare this post on LinkedIn

Quarles Health & Life Sciences attorneys Brenda Shafer, Michael French and Richard Davis recently wrote an article for Law360 about questions surrounding the ability of the Health Resources and Services Administration’s ability to enforce key requirements related to the Section 340B drug pricing program.

In the article, Shafer, French and Davis address aspects of the 340B program such as manufacturer contract pharmacy pricing restrictions and associated litigation, Section 340B PBM anti-discrimination laws and Section 340B HRSA audit trends.

An excerpt from the article:

The Section 340B program, Public Health Service Act Section 340B, Title 42 of the U.S. Code, Section 256b, allows qualifying safety net providers to purchase certain outpatient medications at significant discounts. Savings resulting from program participation are significant and relied upon by participating hospitals and clinics to serve their patient populations more effectively.

…

The HRSA primarily defined the contours of the 340B program, especially those related to contract pharmacy relationships, through subregulatory guidance documents and FAQs.

Until late 2019, Section 340B stakeholders operated within the parameters of this subregulatory guidance. However, in late 2019, the HRSA appeared to question and reevaluate its own enforcement authority based on Executive Order 13892, which was geared toward limiting the prevalence and enforceability of administrative guidance documents promulgated outside of the formal rule making process.

With this regulatory background in mind, four recent developments in the Section 340B space are discussed below, with guidance about what each means for your clients.

https://www.law360.com/lifesciences/articles/1558075/navigating-uncertainties-in-section-340b-drug-pricing

Photo of Brenda Maloney Shafer Brenda Maloney Shafer

Brenda is a member of Quarles & Brady’s Health Law Practice Group. Her practice focuses primarily in health law and, in particular, health care regulatory and transactional work. Along with her law degree, she holds a Master’s of Law in Health Law. A…

Brenda is a member of Quarles & Brady’s Health Law Practice Group. Her practice focuses primarily in health law and, in particular, health care regulatory and transactional work. Along with her law degree, she holds a Master’s of Law in Health Law. A particular area of focus is counseling clients regarding compliance with the 340B Drug Pricing Program.

Read more about Brenda Maloney ShaferEmailBrenda Maloney's Linkedin Profile
Show more Show less
Photo of Michael French Michael French

Mike has unique experience in the 340B Program, utilizing his former 340B consulting background to blend legal analysis with operational and financial considerations. Mike has assisted an extensive list of 340B stakeholders optimize available 340B benefit while ensuring compliance with the 340B Program’s…

Mike has unique experience in the 340B Program, utilizing his former 340B consulting background to blend legal analysis with operational and financial considerations. Mike has assisted an extensive list of 340B stakeholders optimize available 340B benefit while ensuring compliance with the 340B Program’s complex regulatory structure.

Read more about Michael FrenchEmailMichael's Linkedin Profile
Show more Show less
Photo of Richard Davis Richard Davis

Richie has extensive experience with the 340B Program and has worked with both contract pharmacies and covered entities to develop and optimize their program participation. His practice also focuses on a wide variety of pharmacy regulatory issues, including controlled substances and state licensure…

Richie has extensive experience with the 340B Program and has worked with both contract pharmacies and covered entities to develop and optimize their program participation. His practice also focuses on a wide variety of pharmacy regulatory issues, including controlled substances and state licensure compliance.

Read more about Richard DavisEmailRichard's Linkedin Profile
Show more Show less
  • Posted in:
    Health Care and Life Sciences
  • Blog:
    To Be or Not to 340B Blog
  • Organization:
    Quarles & Brady LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo