Health Affairs June 7, 2023
After years of legislative failures amidst aggressive industry lobbying, the passage of the Inflation Reduction Act (IRA) finally empowered Medicare to negotiate the price of certain single-source, high-priced drugs. In recent months, and now, with the first lawsuit filed by Merck on June 6, 2023, the pharmaceutical industry has begun to preview a slew of potential constitutional and statutory legal claims that could jeopardize the implementation of the signature health care achievement enacted under the IRA.
It should not be surprising that the pharmaceutical industry is seeking to thwart the implementation of the new prescription drug negotiation program through the courts. Industry spent hundreds of millions lobbying Congress in 2022 to influence and ultimately (unsuccessfully) block such legislation. The Congressional...
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