Missouri
Judge Kills Missouri AG’s Elon Musk-Inspired War Against Media Matters
A federal judge on Monday ordered Missouri’s attorney general to stand down on an investigation into Media Matters for America launched in the wake of a lawsuit filed against the progressive watchdog last year by X owner Elon Musk. In November, as advertisers fled his platform in droves, Musk accused the nonprofit of “knowingly and maliciously” concocting a report showing ads from companies like Apple, Oracle, and Amazon next to content produced by hate groups. Four months later, Missouri Attorney General Andrew Bailey issued Media Matters a civil investigative demand, seeking communications and documents the group had produced on Musk and X, as well as personal information on its donors in his state. Bailey separately sued Media Matters, alleging in a complaint that it had “pursued an activist agenda in its attempt to destroy X, because they cannot control it.” U.S. District Judge Amit P. Mehta, an Obama appointee also known for presiding over the Google antitrust case, handed down a preliminary injunction prohibiting Bailey from pursuing either action. He wrote that Media Matters had “shown that their reporting was not defamatory and therefore was protected speech.” In a statement, Angelo Carusone, Media Matters’ president and CEO, called Mehta’s decision “a victory for free speech.”
Read it at Deadline
![](https://newspub.live/wp-content/uploads/2022/03/np-logo.png)
Missouri
Drugmakers sue to block Missouri law on federal prescription discounts • Missouri Independent
![Drugmakers sue to block Missouri law on federal prescription discounts • Missouri Independent Drugmakers sue to block Missouri law on federal prescription discounts • Missouri Independent](https://missouriindependent.com/wp-content/uploads/2023/05/pharmacy-stock-photo-2048x1411-1.jpeg)
Three major pharmaceutical companies and their national lobbying organization are suing Missouri to block enforcement of a new state law requiring them to give medical providers unlimited access to discounted drugs for their pharmacies.
In four federal lawsuits filed over the past month, Novartis, AstraZeneca, Abbvie and PhRMA, the lobbying arm of the pharmaceutical industry, argue that Missouri lawmakers unconstitutionally intruded into interstate commerce with the bill passed this year.
Under the bill, drugmakers must accept orders to deliver medications to providers eligible for discounts under the 340B program, named for the section of law where it is authorized. The bill allows eligible providers to have an unlimited number of contracts with pharmacies to dispense their prescriptions of drugs purchased under the program.
“Under the Supremacy Clause of the United States Constitution, Missouri has no authority to define who has access to 340B-priced drugs,” states the lawsuit filed last week by PhRMA in the Western District of Missouri.
The law takes effect on Wednesday. The plaintiffs in each case have asked for a preliminary injunction to block enforcement, but no hearings on the requests have been scheduled and only one case, filed Aug. 2 by Novartis, has had enough activity for the judge to schedule any proceedings.
Abbvie went first, filing its lawsuit July 22 in the Eastern District — 10 days after Gov. Mike Parson declined to sign the bill and instead allowed it to become law despite his misgivings. The other three cases are filed with the Western District, which includes Jefferson City.
The lawsuits name Attorney General Andrew Bailey and members of the state Board of Pharmacy, which is responsible for enforcing the law. The board is given authority to investigate violations of the law and the attorney general has enforcement powers through the state Merchandising Practices Act.
“It is difficult to convincingly argue that doing what a federal program requires is an irreparable harm,” Maria Lanahan, deputy solicitor general in the attorney general’s office, wrote in a filing arguing against a preliminary injunction in the Novartis lawsuit. “To the contrary, when Novartis complies with S.B. 751, it is helping covered entities that serve vulnerable populations.”
Bailey’s office did not respond to an email seeking comment on the cases.
The board is relying on Bailey to respond to the lawsuit. The law is self-enforcing and while the board could write rules about how it is to be followed, Executive Director Kimberly Brinston said.
“The board does not have a timeline to promulgate rules and has not made a decision on whether rules would be promulgated,” she said.
The Missouri Hospital Association and the Missouri Primary Care Association have asked to intervene in the Novartis lawsuit and will likely seek to join the other three, hospital association spokesman Dave Dillon said Monday.
“We are evaluating each case and intend to reinforce the work done by the General Assembly on behalf of Missouri’s hospitals, other providers and the communities they serve,” Dillon said.
The 340B program was created in 1992. It had two components — drug manufacturers had to deliver their products at a discount to eligible providers and eligible providers could only use the program to provide prescriptions to patients they treated directly.
Eligible providers included children’s hospitals, as well as hospitals that were sole providers in their community or designated “critical access hospitals” by providing care that would otherwise be absent, and those serving large numbers of indigent patients known as “disproportionate share hospitals.”
Other qualifying providers include federally qualified health care centers — clinics that receive grants to support operations so they can base charges on ability to pay — as well as clinics that serve AIDS patients, black lung victims and other debilitating diseases.
The use of contract pharmacies started in 1996, when the U.S. Department of Health and Human Services began allowing one contractor per provider as recognition that many providers did not have in-house pharmacies. But a change to allow unlimited contracting increased the number of contract pharmacies from 2,321 in 2010 to 205,340 in 2024, according to data from PhRMA provided to The Independent in June.
Nationally, pharmaceutical manufacturers sold nearly $100 billion in discounted drugs in 2021 and 2022. Discounts averaged 60% from regular wholesale prices, the lobbying organization stated.
The pharmaceutical companies focus their criticism on the disproportionate share hospitals, who often contract with for-profit pharmacies to dispense the drugs. Those hospitals account for about 80% of all drugs purchased through the 340B program, $41.8 billion in 2022 and $34.3 billion the year before.
Pharmaceutical companies complain that the discounts are rarely passed on to patients. Instead, insurance companies and consumers pay retail prices and the extra profit is often split between the pharmacy and the provider.
“Make no mistake, the boom in contract pharmacies has been fueled by the prospect of outsized profit margins on 340B-discounted drugs,” AstraZeneca’s lawyers wrote in the complaint filed last week. “In short, the widespread proliferation of contract pharmacy arrangements since 2010 has transformed the 340B program from one intended to assist vulnerable patients into a multi-billion-dollar arbitrage scheme.”
The drugmakers have fought the expansion of contract pharmacies in a variety of ways. When Novartis sought in 2020 to limit the contracts to pharmacies within 40 miles of an eligible provider, the U.S. Department of Health and Human Services issued a notice that it considered the limit a violation of the program’s rules.
An advisory opinion on contracting, later withdrawn, said the 340B program required delivery to a pharmacy on “the lunar surface, low-earth orbit, or a neighborhood…”
The 3rd U.S. Circuit Court of Appeals in Pennsylvania ruled in January 2023 in a case against the federal agency that pharmaceutical companies could impose limits on the number of pharmacies they would allow to purchase the discounted drugs.
After the 2023 ruling, Novartis tightened its rules to allow only one contracted pharmacy per covered provider, but only if the provider did not have an in-house pharmacy. Other manufacturers have imposed variations on the Novartis policies.
State efforts to counter the limits have ramped up in the past two years. Missouri is one of eight states to pass laws requiring drugmakers to deliver discounted medications to contract pharmacies.
Arkansas was one of the first. In March, the 8th Circuit Court of Appeals in St. Louis upheld the Arkansas law requiring drugmakers to allow covered providers to have an unlimited number of contract pharmacies.
In the motion to dismiss the Novartis lawsuit, the Missouri attorney general’s office relied heavily on that ruling, writing that it shows federal law does not prevent Missouri from passing a similar law.
The four lawsuits use a variety of legal theories to assail Missouri’s new law. Along with allegations of interfering with interstate commerce and regulating in an area reserved for federal action, the Abbvie lawsuit argues that its property rights are being violated.
“These abuses of the federal 340B program raise obvious concerns because the U.S. Constitution prohibits the government from forcing the transfer of property at confiscatory prices to private parties for their own private benefit,” the lawsuit states.
In the filing seeking to intervene in the Novartis case, the hospitals and primary care associations argued that the revenue from profits on 340B medications are essential support for their operations.
“Reducing access to those savings,” the filing states, “means hospitals are unable to underwrite critical but under-reimbursed services lines.”
GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Missouri
Smithville man killed in Sunday morning crash on Missouri 291
![Smithville man killed in Sunday morning crash on Missouri 291 Smithville man killed in Sunday morning crash on Missouri 291](https://ewscripps.brightspotcdn.com/dims4/default/86d0039/2147483647/strip/true/crop/1920x1008+0+36/resize/1200x630!/quality/90/?url=http%3A%2F%2Fewscripps-brightspot.s3.amazonaws.com%2F6d%2F47%2F393804e04823a4afc0f541ddf3b1%2Fliberty-police-department.png)
KANSAS CITY, Mo. — One man was killed in a two-vehicle crash on Missouri 291 early Sunday morning.
Liberty Officers were called just before 2:30 a.m. to a crash on 291 and North Ash Avenue.
Investigators determined a Cadillac CTS4 was northbound on 291 and crossed over into the southbound lanes, striking a Honda Pilot.
The driver of the Cadillac, 18-year-old Brandon Durossette, of Smithville, was transported to an area hospital where he later died.
The driver of the Honda was transported to an area hospital with serious injuries.
Investigation of the crash remains under investigation.
—
If you have any information about a crime, you may contact your local police department directly. But if you want or need to remain anonymous, you should contact the Greater Kansas City Crime Stoppers Tips Hotline by calling 816-474-TIPS (8477), submitting the tip online or through the free mobile app at P3Tips.com. Depending on your tip, Crime Stoppers could offer you a cash reward.
Annual homicide details and data for the Kansas City area are available through the KSHB 41 News Homicide Tracker, which was launched in 2015. Read the KSHB 41 News Mug Shot Policy.
Missouri
Man drowns in Current River in Doniphan
![Man drowns in Current River in Doniphan Man drowns in Current River in Doniphan](https://gray-kfvs12-prod.cdn.arcpublishing.com/resizer/v2/ALXLVQ7HCNDIJBMXVGFTPJYOTQ.bmp?auth=31cfac6928171e721d9aedd9d65a0b01aa12221166efccc5846a496bd17473ac&width=1200&height=600&smart=true)
DONIPHAN, Mo. (KFVS) – A man is dead after drowning in the Current River in Doniphan, Missouri.
According to the Missouri State Highway Patrol, the incident took place around 4:10 p.m. on Sunday, August 25.
47-year-old Edward D. Neal of Poplar Bluff was in the Current River when he began struggling and became unconscious.
Neal was transported by ambulance to the Poplar Bluff Regional Medical Center. He was pronounced dead at 5:18 p.m.
Copyright 2024 KFVS. All rights reserved.
-
Minnesota1 week ago
Readers and writers: Plenty of thrills and danger in these Minnesota author’s mysteries
-
Technology5 days ago
Breakthrough robo-glove gives you superhuman grip
-
News1 week ago
Video: Biden Delivers Keynote on First Night of D.N.C.
-
World1 week ago
Nigeria police working to secure release of 20 kidnapped medical students
-
Politics1 week ago
Former teacher reveals which students suffered 'the most' under Walz's pandemic-era guidelines
-
News1 week ago
Video: Protesters Clash With Police Near the Democratic National Convention
-
Politics1 week ago
As DNC approaches, party remains at impasse with with anti-Israel 'uncommitted' movement
-
Politics1 week ago
Dem strategists say Harris needs to ensure she's 'striking the right balance' at DNC, seize on 'momentum'