Lexology November 16, 2023
On November 3, 2023, the US District Court for the District of South Carolina issued a landmark order in Genesis Health Care, Inc. v. Becerra, a case analyzing the definition of a “patient” under the 340B Program Statute. The court concluded that the government’s restrictive interpretation of the term was contrary to the plain language of the 340B Statute and would frustrate the goals of the 340B Program. In reaching this conclusion, the court focused on common definitions of the term “patient,” as well as the structure and congressional intent of the 340B Statute, to support a “broad reading” of the term “patient.” The court enjoined the Health Resources and Services Administration (HRSA) from enforcing its more restrictive interpretation of...
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