Lexology October 4, 2024
Morgan, Lewis & Bockius LLP

In response to rising prescription costs and overall state-level healthcare spending, numerous states, including Maryland and Oregon, have established prescription drug affordability review boards (PDABs) to review certain high-cost prescription drugs and determine if states should take action to reduce those prices.

PDABs aim to reduce overall government and commercial spending on prescription drugs. And although no two boards are the same, generally speaking, boards may accomplish these goals through various means, such as conducting affordability reviews, making recommendations to each state’s respective legislature on ways to reduce spending, negotiating prices and Medicaid supplemental rebates with manufacturers, and setting upper payment limits (UPLs) or caps on what a state will spend on a particular medication.

However, after conducting a comprehensive...

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