On May 14, 2025, the American Hospital Association (AHA) filed an amicus brief in the U.S. District Court for the District of South Dakota, defending the state’s 340B contract pharmacy law. This law prohibits drug manufacturers from denying hospitals the same 340B discounts for medications dispensed at community pharmacies as those provided through in-house pharmacies. The AHA’s brief supports the state’s motion to dismiss a lawsuit filed by AbbVie, which contends that the federal 340B statute preempts the state law.
Joining the AHA in this filing were 340B Health, the South Dakota Association of Healthcare Organizations, and the American Society of Health-System Pharmacists. This action is part of a broader effort by the AHA to uphold state-level protections for the 340B program.
These legal efforts reflect a concerted strategy to defend state laws that regulate manufacturer actions under the 340B program, ensuring that hospitals can continue to access discounted medications for underserved populations.
To read the AHA brief, click here.
American Hospital Association. (2025, May 15). AHA files brief defending South Dakota’s 340B contract pharmacy law. https://www.aha.org/news/headline/2025-05-15-aha-files-brief-defending-south-dakotas-340b-contract-pharmacy-law
