Michael French Comments on Potential Implications of Arkansas 340B Contract Pharmacy Law in 340B Report Article
Michael French, a Health & Life Sciences attorney in the Quarles & Brady Chicago office, was quoted in a 340B Report article about the significance of an Arkansas law that forbids drugmakers from limiting access to 340B discounted drugs to covered entities and their contract pharmacies in the state.
The law, recently upheld by the U.S. 8th Circuit Court of Appeals, was the first such legislation enacted at the state level and could lead other states to follow suit. French offered his perspective on what might come next.
An excerpt from the article:
The recent 8th Circuit decision “could expedite and increase the number of states that will consider or propose similar types of legislation,” said Michael French, a healthcare attorney at Quarles, whose clients include drugmakers, pharmacies, and covered entities.
“The 8th Circuit affirmed the idea that, when it comes to delivery and distribution of 340B medications, the federal statute is silent,” French said. “This impacts not only Arkansas, but also acts as persuasive support for other states that have proposed or are considering proposing similar laws. Provided these pieces of legislation are structured to address 340B drug delivery, the 8th Circuit indicated that federal preemption does not apply here, and states can indeed introduce these types of covered entity protections.”
However, French said, there is “always a chance that another court in another jurisdiction could decide these issues differently.”