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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

Kansas Department of Labor concerned about possible rise in unemployment fraud after federal fraud-prevention program is discontinued

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Kansas Department of Labor concerned about possible rise in unemployment fraud after federal fraud-prevention program is discontinued


TOPEKA, Kan. (WIBW) – The Kansas Department of Labor (KDOL) is concerned about a possible increase in unemployment insurance fraud after the U.S. Department of Labor (USDOL) discontinued a program designed to improve their system’s security.

The Unemployment Insurance Integrity and Fraud Prevention Grant Program was created to prevent and detect unemployment insurance fraud. It funded system security improvements such as identity verification and data analytics.

“The purpose of this grant was program integrity,” said Amber Shultz, Kansas Secretary of Labor. “So that would include systems for fraud prevention and detection… and investigations in cases where we did send out funds.”

It was instituted in all 50 states after the COVID-19 pandemic, when labor departments saw a significant increase in criminals, or “bad actors”, attempting to steal money from pandemic-era government relief programs.

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“The lesson we learned during the pandemic was our systems just simply weren’t prepared for that,” Shultz said. “So USDOL recognized that, and they recognized states needed to be provided assistance to be able to combat these bad actors.”

KDOL first received grant funds in 2023, but all funds were cancelled on June 13.

Now, Shultz said they’re left wondering how their systems will hold up in future attacks.

“It concerns me that once the word gets out to these bad actors, that all 50 states are going to be subjected to ‘Oh they’re not going to have the funds, so clearly they’re not going to be as fortified against bad actors.’”

Shultz said the decision to discontinue this program is counterproductive to the federal government’s efforts to improve national security and reduce fraud.

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13 News reached out to the U.S. Department of Labor for comment on these changes, but has not received a response.



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Rising Star: Former K-State star makes return to Kansas with Wind Surge

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Rising Star: Former K-State star makes return to Kansas with Wind Surge


WICHITA, Kan. (KWCH) – Since he was drafted in the first round of the MLB Draft last summer, former K-State baseball star Kaelen Culpepper has been climbing through the ranks of professional baseball. Once the realization set in that he’d have the chance to play in Kansas once again, he’d had a call-up to AA circled as a goal.

Tuesday night at Equity Bank Park for the Wichita Wind Surge, less than a year from that night he was drafted, he stepped to the plate for the first time in the Sunflower State since his time as a Wildcat.

“I think I worked really hard to get back here,” Culpepper said. “I guess I’m here now and it feels really good because hopefully I’ll get to see some familiar faces. I’m just glad to be back in an area that I’m really familiar with.”

Culpepper is currently the No. 4 ranked prospect in the Minnesota Twins system and has quickly risen through the ranks of the team’s farm system, impressing eyes at every level.

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“I wouldn’t say fast tracking because it’s all on my time and on their time,” he said. “It’s just what I’m doing and whenever they feel like I’m ready, that’s when they’ll pull the trigger.”

In his first two nights back in Kansas, he continued to impress. Culpepper crushed home runs in back-to-back nights in his return to his former state.

“Oh, he’s a baller man,” said Twins top prospect Walker Jenkins. “He goes out there and gives it his all. Absolute stud.”

Now as he continues to chase his big league dreams, he will do so for the time being in front of fans that know him well.

“I had a lot of friends, family, ex-teammates and parents reach out to me and say ‘Hey, we’re really excited. Hopefully we can come out and catch a game,’” he said. “So, I’m really looking forward to that.”

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Although he is a native of Memphis, Culpepper said that Kansas holds a special place due to his time at Kansas State. He says he will savor his time playing in the state that helped make him the player he’s become.

“I definitely made the right decision [to go to Kansas State,]” he said. “The coaches at Kansas State treated me with a lot of hospitality and treated me like family. I’ll always cherish that. I’m very grateful for the opportunity they gave me.”

“Look where I’m at now. The sky is the limit.”



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Summer Schedule Preview: Kansas Looks to Rebound from Disappointing 2024

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Summer Schedule Preview: Kansas Looks to Rebound from Disappointing 2024


The Cowboys will hit the road to check out a new-look stadium and face a Jayhawks team that’s also looking the freshen things up from last year. Let’s continue your run through Oklahoma State’s 2025 football schedule with a look at OSU-Kansas.

Be sure to catch up on our previous previews: Noncon | Baylor | Arizona | Houston | Cincinnati | Texas Tech

Week 10: Kansas | Nov. 1 | Lawrence, Kansas

Series history: 42-30-2

Last meeting: OSU 39, KU 32 (2023)

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As Terry Miller was honored in BPS, Ollie Gordon continued to cement himself as an all-time OSU great. No. 0 accounted for 284 yards from scrimmage, including a career-high 116 receiving yards to go along with 168 rushing yards and a score each by land and by air.

KU scored on a pair of consecutive long TD passes to take a 32-24 lead early in the third before OSU scored the final 15 (three Alex Hale FGs and a Brennan Presley touchdown run).

Kansas in 2024: After coming into the season with a decent amount of Big 12 title buzz, the Rock Chalk contingent was humbled out of the gate.

The Jayhawks ranked in the bottom half of the Big 12 in scoring and total offense as well as points allowed and total defense. Those numbers played out on the field to a rough start, but KU was able to figure some things out down the stretch.

After starting 2-6, and not earning an FBS win until mid-October, the Jayhawks finish their season 3-1 to finish with five wins. That three-game win streak came against then-ranked teams Iowa State (15), BYU (13) and Colorado (25). They narrowly missed the postseason for the first time since Lance Leipold’s first year in 2021.

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Kansas’ Offense in 2025: The Jayhawks’ offense lost a big playmaker but has some things working for it as they approach fall camp.

Leading rusher Devin Neal is now a New Orleans Saint, but Jayhawks do return veteran quarterback Jalon Daniels, a career Jayhawk who had a career year in 2024. The dual-threat QB played every game for his first time in his five years. Daniels logged 20 total TDs, though with his increased reps his picks also went up. He recorded a career-high interception rate of 4%, good for 12 giveaways.

Kansas’ Defense in 2025: Former Pitt and South Carolina linebacker Bangally Kamara headlines a slew of defensive transfers as the Jayhawks look to rebuild their back seven.

The Jayhawks’ strength was up front last year, ranking third in the Big 12 in sacks. They return sack leader Dean Miller (six sacks) but will have to replace both outgoing seniors JB Brown and Jereme Robinson who combined for 10.5 last year.

Of note: The Cowboys will get their first look at the newly remodeled David Booth Kansas Memorial Stadium. Improvements include a new field surface, a video board nearly twice the size as the old one and a completely rebuild west side of the stadium with a new bowl. The Jayhawks played their home games in Kansas City last season.

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