STATEMENT ON ABBVIE RESTRICTING 340B DISCOUNTS THROUGH COMMUNITY-BASED PHARMACIES
WASHINGTON, D.C.— The drug company AbbVie has told safety-net hospitals it will stop offering 340B drug pricing program discounts to them on drugs dispensed at community-based pharmacies starting Feb. 1, 2022, if the hospitals do not agree to turn over patient claims data for those pharmacies to the company. AbbVie had more than $45 billion in global net revenues in 2020 and is the maker of Humira (adalimumab), an immunosuppressive drug that brought in nearly $20 billion in net revenues to the company last year as the world’s top-selling drug. This action will make AbbVie the 11th drug company to impose 340B pricing restrictions on drugs dispensed at community pharmacies. The following statement is attributed to 340B Health President and CEO Maureen Testoni:
“AbbVie’s decision to join the ranks of drug companies that are violating federal law will intensify the damage that 340B pricing refusals are having on the health care safety net and hospitals’ ability to care for their patients in need. The federal government has made it clear that drug companies cannot impose unilateral conditions on the 340B drug discounts that the law mandates. Drugmaker demands for millions of patient drug claims through a process that exposes hospitals to potential federal privacy law violations and other legal risks is a prime example of an unlawful condition.”
“Two federal district courts have stated that the 340B law prohibits drug company restrictions or conditions on statutory discounts. At the urging of more than 850 safety-net hospitals, the government is appealing a third federal district court decision that did not agree with the government on this issue. We applaud the government for continuing its strong defense of the 340B law and its authority to enforce that law against noncompliant drug companies. This unlawful drug company behavior must stop.”
Contact: Richard Sorian at richard.sorian@340bhealth.org or 202-536-2285.