Health Affairs May 7, 2024
With Medicare negotiations between drug manufacturers and the Biden Administration continuing to proceed behind the scenes, litigation to stop the results of those negotiations from going into effect is also advancing through the courts. As we have previously written about, even before the U.S. Department of Health and Human Services (HHS) selected the initial drugs that would be negotiated under the Inflation Reduction Act (IRA), drug companies and industry allies have engaged in an aggressive legal strategy to block the implementation of the program.
Such legal challenges involve a range of constitutional, statutory, and agency authority claims. With briefing now complete at the district court level (for the time being), judges will issue a slew of opinions concerning the arguments...
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