Lexology July 15, 2024
The IRA’s Medicare Drug Price Negotiation Program (the “Negotiation Program” or “Program”), which enables the federal government to negotiate prices for some of the costliest Medicare Part D drugs, has been subject to several legal challenges over the last year. Manufacturers and trade associations began filing lawsuits against the government even before the first 10 negotiation-eligible drugs were published in late August 2023. All but one of the manufacturers of those drugs has since filed suit seeking to enjoin the Negotiation Program, and nine lawsuits are currently pending across the country challenging the constitutionality and legality of the Negotiation Program on several grounds. As we previously reported, a federal district court in the Fifth Circuit tossed a lawsuit on procedural...
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