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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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RESULTS: NE Kansas high schools to play Saturday after Wednesday sub-state wins

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RESULTS: NE Kansas high schools to play Saturday after Wednesday sub-state wins


TOPEKA, Kan. (WIBW) – Below is a look at the results from Wednesday night’s high school basketball sub-state semifinals in Northeast Kansas.

Editor’s Note: This story will be updated with what schools are hosting when that information becomes readily available.

WIBW Scoreboard

BOYS

6A Boys West Sub-State: Wednesday’s sub-state semifinal results

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  • Topeka High 57, Washburn Rural 50 (will play Maize Saturday)
  • Junction City 70, Dodge City 56 (will play Derby Saturday)
  • Manhattan 58, Wichita-Northwest 56 (will play Wichita-East Saturday)

4A Boys East Sub-State: Wednesday’s sub-state semifinal results

  • Rock Creek 62, Louisberg 57 (will play Bishop Miege Saturday)
  • Atchison 74, Wamego 43
  • Hayden 72, Independence 56 (will play Atchison Saturday)
  • Eudora 76, Santa Fe Trail 68

GIRLS

5A West Girls: Wednesday’s sub-state semifinal results

  • Hays 80, Topeka West 18
  • Eisenhower 55, Seaman 41
  • Kapaun Mt. Carmel 71, Emporia 41

5A East Girls: Wednesday’s sub-state semifinal results

  • Shawnee Heights 89, Sumner 15 (will play Pittsburg Saturday)
  • Basehor-Linwood 74, Highland Park 28 (will play Piper Saturday)

3A Pomona-West Franklin Girls: Wednesday’s sub-state semifinal results

  • Osage City 75, Columbus 31 (will play Frontenac Saturday)

3A Sabetha Girls: Wednesday’s sub-state semifinal results

  • Silver Lake 48, Nemaha Central 26 (will play Riley County Saturday)
  • Riley County 51, Jeff West 40 (will play Silver Lake)



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RESULTS: NE Kansas high schools to play Friday after Tuesday sub-state wins

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RESULTS: NE Kansas high schools to play Friday after Tuesday sub-state wins


TOPEKA, Kan. (WIBW) – Below is a look at the results from Tuesday night’s high school basketball sub-state semifinals in Northeast Kansas.

Editor’s Note: This story will be updated with what schools are hosting when that information becomes readily available.

WIBW Scoreboard

BOYS

5A East Boys: Tuesday’s sub-state semifinal results

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  • KC Washington 68, Highland Park 38
  • Shawnee Heights 49, De Soto 37 (will play Leavenworth Friday)

5A West Boys: Tuesday’s sub-state semifinal results

  • Topeka West 55, Hutchinson 32 (will play Bishop Carroll Friday)
  • Emporia 61, Great Bend 41 (will play Maize South Friday)
  • Seaman 73, Valley Center 51 (will play Hays Friday)

3A West Franklin Boys: Tuesday’s sub-state semifinal results

  • Burlington 60, Osage City 35 (will play Baxter Springs Friday)

3A Sabetha Boys: Tuesday’s sub-state semifinal results

  • Hiawatha 73, Oskaloosa 48 (will play Heritage Christian Friday)
  • Silver Lake 58, Sabetha 39 (will play Perry-Lecompton Friday 7:30 p.m.)

GIRLS

6A West Girls: Tuesday’s sub-state semifinal results

  • Washburn Rural 60, Wichita South 32 (will play Derby)
  • Topeka High 69, Maize 45 (will play Liberal)
  • Manhattan 67, Free State 21 (will play Wichita East)

4A East Girls: Tuesday’s sub-state semifinal results

  • Rock Creek 71, Parsons 23 (will play Tonganoxie)
  • Wamego 54, Labette County 33 (will play Bishop Miege)
  • Hayden 2, Athison 0 (will play Baldwin)

2A Eskridge/Mission Valley Girls: Tuesday’s sub-state semifinal results

  • Rossville 71, KC Christian 49 (will play Maur Hill-Mount Academy)
  • Lyndon 61, Jeff. Co. North 31 (will play Valley Heights)
  • Valley Heights 65, Doniphan West 41 (will play Lyndon)



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Doe v. State of Kansas | American Civil Liberties Union

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Doe v. State of Kansas | American Civil Liberties Union


In early 2026, the Kansas state legislature passed SB 244, a law which prohibits transgender people from using public restrooms on government property that align with their gender identity and establishes a private right of action that allows anyone who suspects someone is transgender and in violation of the law to sue that person for “damages” totaling $1,000.

The law also invalidates state-issued driver’s licenses with updated gender markers that reflect the carrier’s gender identity. In February 2026, transgender people across the state received letters from the state Department of Revenue’s Division of Vehicles informing them that their driver’s licenses “will no longer be valid,” effective immediately. SB 244 also prohibits transgender Kansans – or those born in Kansas – from updating the gender marker on state-issued birth certificates and driver’s licenses in the future.

The same day SB 244 went into effect, the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP filed a lawsuit challenging SB 244 in the District Court of Douglas County on behalf of two transgender men who had their driver’s licenses invalidated under the law. The lawsuit charges that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

“The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police,” said Harper Seldin, Senior Staff Attorney for the ACLU’s LGBTQ & HIV Rights Project. “Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

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