Health Affairs March 21, 2024
Several lawsuits pursuing a range of constitutional, statutory, and agency authority challenges to the Medicare drug price negotiation program enacted under the Inflation Reduction Act (IRA) remain ongoing. With briefing finished, for now, at the district court level, judges have started issuing opinions concerning the ability of drug companies and their industry allies to bring such cases as well as the merits of their legal claims. We expect to see a steady stream of additional decisions in the coming months and subsequent appeals as the litigation proceeds.
To date, the Biden Administration has won every substantive dispute in these cases, and various federal district court judges have expressed skepticism regarding the merits of the legal arguments being pursued by the...
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