Lexology July 19, 2024
Since its enactment in 2022, the validity of the Inflation Reduction Act (IRA) and its drug price negotiation program (Program) has been repeatedly challenged in District Court, with little success. Boehringer Ingelheim’s lawsuit against the U.S. Department of Health and Human Services (HHS) is the latest challenge to be rejected by a federal court.
Boehringer Ingelheim (BI) filed a lawsuit in the District of Connecticut on Aug. 18, 2023. In its Complaint, BI alleged that the Program violates its rights under the Due Process Clause, the Takings Clause, the First Amendment, and the Excessive Fines Clause. It also alleged that the Centers for Medicare & Medicaid Services’ (CMS) legislative rule implementing the drug price negotiation program violated the Administrative Procedure...
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