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Two drugmakers file lawsuits to block Kansas' attempt to tinker with discount drug program • Kansas Reflector

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Two drugmakers file lawsuits to block Kansas' attempt to tinker with discount drug program • Kansas Reflector


TOPEKA — The Kansas Legislature and Gov. Laura Kelly adopted a potentially unconstitutional budget provision forbidding pharmaceutical manufacturers from inhibiting the sale of discounted medications to pharmacies such as CVS or Walgreens under contract with hospitals or clinics.

Two drugmakers have challenged a proviso tucked into Senate Bill 28 — signed by the governor in April — that said the companies couldn’t limit the ability of pharmacies working with eligible health providers from acquiring outpatient prescription drugs at discounts of 25% or more through a federal cost-cutting program.

The objective of the federal 340B program has been to offer indirect financial benefits to the country’s safety-net health providers by lowering drug prices. Many of Kansas’ financially strapped rural hospitals take part in the program.

“Unfortunately, drug manufacturers have recently started decimating the 340B drug discount program by limiting the number of pharmacies a hospital may contract with,” said Chad Austin, president of the Kansas Hospital Association. “These actions are jeopardizing Kansans’ ability to access needed prescriptions and other vital health services. Fortunately, Kansas lawmakers recognized the drug manufacturers’ harmful actions and have appropriately responded to ensure the further reduction of the 340B drug discount program is paused.”

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After adopting SB 28 during this year’s session, however, the Legislature had second thoughts about leveraging the Kansas Consumer Protection Act against drug manufacturers at this time. Under House Bill 2551, in an apparent victory for drugmakers, the Legislature told Attorney General Kris Kobach to delay enforcement of SB 28 until the U.S. Supreme Court settled questions about obligations of drug manufacturers in the 340B program.

Kelly, however, line-item vetoed that part of HB 2551 in May. She said the Legislature’s follow-up maneuver was “premature and contradictory to the protections” in SB 28.

In early July, pharmaceutical companies AstraZeneca and AbbVie filed lawsuits against the state of Kansas.

The companies asserted SB 28 enabled off-site, for-profit pharmacy chains operating under contract with Kansas clinics and hospitals to buy the manufacturers’ drugs at discounted prices. The plaintiffs claimed Congress didn’t intend for these pharmacies to be covered by the low-cost program.

Wichita attorney Michael Jones, who was among at least seven lawyers working for plaintiffs in the AstraZeneca suit, said the budget provision in SB 28 was in conflict with the supremacy clause of the U.S. Constitution. Jones and his colleagues said prior rulings in federal court made clear the federal 340B statute “does not obligate manufacturers to deliver discounted drugs to unlimited contract pharmacies.”

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“No state may engraft new, costly obligations under state law onto an existing federal benefits program, especially not one like the 340B program that involves nationally uniform standards and exclusive enforcement by federal agencies,” the AstraZeneca’s attorneys said.

The company’s lawyers claimed SB 28 was contrary to federal patent law, violated the contracts and takings clauses of the U.S. Constitution and broke the “one-subject rule” in the Kansas Constitution. The single-subject mandate was designed to prevent legislators from “logrolling” unrelated matters into a single bill. In terms of drug manufacturers, AstraZeneca said, SB 28 created new substantive requirements “not purely a matter of appropriations.”

A spokesperson for the Kansas attorney general didn’t respond to a request for comment on the lawsuits seeking to nullify the prescription drug portion of SB 28.

The Kansas Department of Health and Environment says the federal program has been an instrumental tool of health clinics and hospitals seeking to stretch resources as far as possible while providing outpatient medications to covered entities at significantly reduced prices.

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Kansas State beats Iowa State for transfer portal FCS breakout DT

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Kansas State beats Iowa State for transfer portal FCS breakout DT


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MANHATTAN — Right when you thought Kansas State football might be done for the day, the Wildcats landed a seventh commitment from the transfer portal on Monday, Jan. 5.

Gardner-Webb defensive tackle De’Arieun Hicks committed to K-State, according to On3’s Pete Nakos. The 6-foot-4, 285-pounder has three years of eligibility and totaled 21 tackles, with 4.5 being for a loss in 2025.

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Hicks reportedly had a visit to Iowa State on Monday, after spending Jan. 3 with the Wildcats, and he chose to play football in Manhattan.

Hicks was a standout for the FCS program out of the Big South, playing 373 snaps and making four starts on the Runnin’ Bulldogs’ defensive line. He was the Big South’s sixth-highest graded defensive lineman, according to Pro Football Focus, with the league’s 12th-best pass rush grade.

Hicks totaled 10 pressures, with seven quarterback hurries and a pair of sacks across 12 games.

Out of high school in Richmond, Indiana, Hicks wasn’t given a grade by 247Sports.

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Kansas State was in desperate need of defensive linemen from the transfer portal following the departures of Malcolm Alcorn-Crowder and Andy Burburija, the latter of whom reopened his recruitment after initially signing with the Wildcats. The Wildcats also signed Adrian Bekibele, Kingston Hall and Carnell Jackson Jr. during December’s signing period.

Hicks’ size is certainly appealing, giving the Wildcats a solid prospect to develop. Given the Wildcats’ need at the position, Hicks could have an opportunity to get on the field quickly.

Hicks joins Oklahoma State running back Rodney Fields Jr., Texas A&M receiver Izaiah Williams, Illinois corner Kaleb Patterson, Oklahoma State linebacker Jacobi Oliphant, Miami (Ohio) safety Koy Beasley and Missouri offensive lineman Keiton Jones as those who committed to the Wildcats on Monday.

Wyatt D. Wheeler covers Kansas State athletics for the USA TODAY Network and Topeka Capital-Journal. You can follow him on X at @WyattWheeler_, contact him at 417-371-6987 or email him at wwheeler@usatodayco.com

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City Hall intruder fatally shot by employee in Lawrence, Kansas, officials say

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City Hall intruder fatally shot by employee in Lawrence, Kansas, officials say


An intruder was fatally shot by an armed city employee inside Lawrence City Hall in Kansas on Monday morning, officials said.

The 28-year-old man “forced his way into the building then broke through a door” on the fourth floor and into a secured area about 8 a.m., according to a police statement.

This led to an altercation with an armed city employee, Police Chief Rich Lockhart told reporters outside City Hall, about two miles north of the University of Kansas campus.

“During that altercation, the 28-year-old subject was shot and killed by the city employee,” the chief added.

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The intruder wasn’t immediately identified, and it wasn’t clear if he was armed.

Authorities didn’t immediately name the city employee or his job. But police did characterize the civil servant as “trained and authorized to carry a firearm.”

The fourth floor is home to the city manager, city attorney and budget manager.

Officials said they did not know why the man went to the fourth floor, and “it’s not someone that’s known to us,” Lockhart said.

City Hall was closed and should reopen Tuesday. A municipal court in the building won’t open again until Thursday.

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City Manager Craig Owens said he was grateful no city employees were hurt.

“I want to express my gratitude to the Lawrence, Kansas, Police Department work during the disturbing incident,” he said.



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IU football lands Kansas State transfer edge rusher Tobi Osunsanmi

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IU football lands Kansas State transfer edge rusher Tobi Osunsanmi


Indiana’s portal haul continued to grow Sunday as multiple outlets reported the addition of Kansas State edge rusher Tobi Osunsanmi.

Osunsanmi has played in 36 games over the last four years and has 8.5 sacks and 12.5 tackles for loss.  Most of that production came over the last two seasons.  He has a total of 47 QB pressures during his college career.

In 2025 he played in six games and had 20 tackles, 6.0 tackles for loss and 4.0 sacks.  He suffered a season-ending injury in October.

He saw action in all 13 games in 2024 as a reserve defensive end and on special teams, recording 19 tackles, 5.5 tackles for loss, 3.5 sacks and a forced fumble over 303 defensive snaps and 31 special teams plays.

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In 2023 he saw time in all 13 games as a reserve linebacker, a rush end on passing downs and on special teams.  He was tied for team-high honors with five tackles on kickoff coverage.

He played in four games in 2022 and preserved his redshirt.

The 6-foot-3 and 250-pound Osunsanmi has one year of eligibility remaining.

The Wichita, Kan. product (Wichita East H.S.) was regarded as the 232nd-best overall player in the nation for the Class of 2022 by 247Sports.

Osunsanmi will help fill the void left by outgoing edge rushers Mikail Kamara, Kellan Wyatt and Stephen Daley.

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More transfer portal information:

For complete coverage of IU football recruiting, GO HERE.

The Daily Hoosier –“Where Indiana fans assemble when they’re not at Assembly”

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