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A nurse works at a hospital's oncology infusion center. Photo: Carolyn Cole/Los Angeles Times via Getty Images

Three federal appeals court judges in D.C. today unanimously dismissed a lawsuit brought by hospitals over the federal 340B drug discount program. The court said a new policy that decreases certain drug payments to hospitals by 28.5 percentage points can proceed, because the hospitals sued before the cuts were technically effective.

The big picture: The cuts will cost hospitals $1.6 billion this year. The American Hospital Association and other plaintiffs said in a statement they plan to "refile promptly in district court."

Go deeper

49 mins ago - World

China's Xi swipes at U.S.: "Countries shouldn't impose rules on others"

China's President Xi Jinping during a video summit in Beijing on Friday. Photo: Li Xueren/Xinhua via Getty Images

China's President Xi Jinping on Tuesday warned against "bossing others around or meddling in others' internal affairs" and called for "more fair and equitable" global governance.

Why it matters: Xi's thinly veiled swipes at the U.S. during an online speech at an economic forum come at a time of heightened tensions between Beijing and Washington over trade, human rights and China's strategic and economic ambitions.

U.S. ambassador to Russia will return home briefly: State Department

John Sullivan, U.S. Ambassador to Russia, during a briefing in Moscow in 2015. Photo: Anton Novoderezhkin/TASS via Getty Images

The State Department said Monday that the U.S. ambassador to Russia, John Sullivan, will now be returning to the United States this week before returning to Moscow "in the coming weeks."

Why this matters: The statement, from a State Department spokesperson, comes just hours after Axios reported that Sullivan had indicated he intended to stand his ground and stay in Russia after the Kremlin “advised” him to return home to talk with his team.

Scoop: Leaked Ukraine memo reveals scope of Russia's aggression

Russian President Vladimir Putin visits a military exposition in Sevastopol, Crimea, in Jan. 2020. Photo: Mikhail Svetlov/Getty Images

Russia has been holding last-minute military exercises near commercial shipping lanes in the Black Sea that threaten to strangle Ukraine's economy, according to an internal document from Ukraine's ministry of defense reviewed by Axios.

Why it matters: With the eyes of the world on the massive buildup of troops in eastern Ukraine, the leaked memo shows Russian forces escalating their presence on all sides of the Ukrainian border.