340B Health

340B Insight Podcast

Episode FIFTY: A 340B Update from the State Level

May 23, 2022

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It’s our 50th episode! This week we are joined by Amanda Sellers Smith, legal counsel for 340B Health. Amanda is responsible for tracking and responding to 340B state legislative and regulatory actions. Even though 340B is a federal program, its close relationship with state Medicaid programs often keeps it on the agendas of state lawmakers and health officials. Amanda discusses what listeners need to know about recent 340B activity in the states. Before the interview, we give an update on recent briefs to appeals courts that are considering cases about the contract pharmacy dispute, and we note that another drug company has received an official violation letter from HRSA for its 340B restrictions. (Transcript)

Show Notes

  • More States Protecting 340B Providers Amanda shares what legislation states have been enacting into law that impacts 340B providers, including 340B nondiscrimination legislation. She also discusses legal challenges against some states’ nondiscrimination laws and how 340B hospitals are working to protect those laws. 
  • 340B’s Relationship to State Medicaid Programs States heavily focus on Medicaid and sometimes pursue policies that can negatively impact 340B. Amanda explains what these problematic policies are and how safety-net hospitals can keep an eye on Medicaid action in their states.
  • Tips for 340B Hospital Advocacy Amanda reviews the resources and guidance that 340B Health can provide member hospitals looking to become more involved in state-level advocacy. She also provides advice for dealing with state legislatures that is different than advocacy efforts with the federal legislature.

Check out all of our episodes on the 340B Insight podcast website. You also can stay updated on all 340B Health news and information by visiting our homepage. If you have any questions you’d like us to cover in this podcast, email us at podcast@340bhealth.org.


  1. 340B Health State Policy and Advocacy Resource Center

  2. Five Hospital Associations Urge Appeals Courts to Back 340B Enforcement

  3. HHS Brief to the U.S. Court of Appeals for the Third Circuit

  4. HHS Brief to the U.S. Court of Appeals for the District of Columbia Circuit

  5. HRSA Violation Letter to Merck