Overview
Emily Cook applied the Supreme Court’s Armstrong ruling (which held that private parties can’t sue over Medicaid reimbursement) to a challenge at the Ninth Circuit involving California’s requirement that providers only supply Medicaid patients with drugs purchased through the 340B drug program. That case was stayed in anticipation of the Armstrong ruling, but Ms. Cook said that “given that the Supreme Court in Armstrong has found that there is not a private right of action against the state Medicaid program, it appears likely that the permanent injunction will be removed.”
