W.Va. Low Cost Medications Law Blocked In Federal Court

A federal judge in West Virginia issued a temporary order that blocks a state law that requires discounts on medications. 

340B is a nearly 30-year-old federal drug program that provides discounted medicines to rural and low income populations. 

Recently, many states, including West Virginia, have passed laws that mandated that pharmaceutical distributors apply 340B discounts more broadly. 

The first state to do so was Arkansas. A lawsuit was filed, but the law unanimously held up in circuit court. 

This week a federal judge in the Southern District of West Virginia ruled to temporarily halt all state requirements, the first court in the nation to do so. 

Matt Walker, executive director of the West Virginia Independent Pharmacy Association says because of the ruling,West Virginians will have a much harder time accessing and affording life saving medications. 

“It’s going to limit access, and it’s also going to really shift what I would say is several $100 million dollars from our health care safety net into the profits at pharma companies,“ Walker said.  

The pharmaceutical trade group who filed the lawsuit says it is pleased with the ruling, and that 340B needs change on the federal level. 

“We were pleased to see the Court take a critical look at how West Virginia’s law interferes and conflicts with the federal 340B program. Reform is needed on the federal level. It’s time for 340B to get back on track and working for those it is intended to serve – vulnerable patients and communities.” Reid Porter, PhRMA spokesperson, said in a written statement