Douglas

AMENDED FINDINGS OF UNCON-TROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF JUDGMENT

INTRODUCTION

Plaintiff Aids Healthcare Foundation (“Plaintiff’ or “AHF”) initiated this action against Defendant Toby Douglas, Director of the California Department of Health Care Services (“Defendant” or the “Department”), in response to Section 14105.46 of the California Welfare and Institutions Code (“Section 14105.46”), which imposed new requirements on prescription drug providers that participate in the 340B program of Section 602 of the Veterans Health Care Act of 1992, codified at Title 42 U.S.C. § 256b. The parties filed cross motions for summary judgment on the Plaintiffs remaining claims. The Court granted, in part, and denied, in part, each party’s motion. The Ninth Circuit remanded this case in light of the January 30, 2014 approval of the State Plan Amendment by the Centers for Medicare and Medicaid Services (“CMS”). Having considered the 2014 CMS approval, in support of its Judgment, the Court makes the following amended findings of fact and conclusions of law:

FINDINGS OF UNCONTROVERTED FACT

1. Plaintiff AHF is a California nonprofit corporation that voluntarily participates…