News Briefs: Drugmakers Prep Legal Challenges to Medicare Price Negotiation

Major pharmaceutical companies are gearing up to file legal challenges to the Medicare price negotiation provisions in the Inflation Reduction Act, Reuters reported. Industry sources who spoke with the news outlet said drugmakers plan to argue that a ban against discussing the price negotiation process violates their First Amendment rights, and that the $1 million per day fine for violations runs afoul of the Eighth Amendment’s protections from excessive fines. Sources also indicated that lawsuits could challenge the legality of initial guidance CMS issued in March regarding the Medicare price negotiation program, as it did not go through a formal process with proposed and final rules. Five of the world’s top drugmakers sent CMS letters raising legal concerns about the Medicare price negotiation program, but they have not yet been made public; CMS said it plans to publish the letters in July when it finalizes its guidance and regulations implementing the program.

© 2023 MMIT
AIS Health Staff

AIS Health Staff

Related Posts

businessman-viewing-news-update-journalism-headline-on-a-laptop
November 22

News Briefs: CDC Makes More RSV Immunizations Available to Infants

READ MORE
dna-strand
November 22

Papers Delve Into Payment Options for Gene Therapies

READ MORE
pills
November 22

A Closer Look at the Medicare Part D Landscape

READ MORE

GAIN THERAPEUTIC AREA-SPECIFIC INTEL TO DRIVE ACCESS FOR YOUR BRAND

Sign up for publications to get unmatched business intelligence delivered to your inbox.

subscribe today