Health Affairs November 23, 2020
On Friday, the Trump Administration issued final versions of two drug pricing rules it had proposed years ago: the “most-favored-nations rule,” first proposed in October 2018 (summarized here), and the “rebate rule,” first proposed in January 2019 (summarized here). By issuing these rules in the final weeks of their administration, Trump Administration officials are claiming that they have fulfilled their most significant promises on prescription drug pricing. But the Administration has finalized the rules in a way that will create substantial legal jeopardy for them, and it is very likely that one or both will be invalidated on procedural grounds (to say nothing of the substantive or implementation challenges they will face).
In two posts, I review the key aspects...
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