PhRMA vs. Florida
Executive Summary
Florida Medicaid preferred drug program upheld by 11th Circuit Court of Appeals in 3-0 decision Sept. 6. Florida program mandates a discount of at least 10% in addition to standard 15% Medicaid rebate for drugs to be included on its preferred list. Pharmaceutical Research & Manufacturers of America filed suit in Tallahassee, Fla. federal court in August 2001, but the lower court determined the program creates a supplemental rebate program, not a Medicaid formulary (1"The Pink Sheet" Jan. 7, p. 29). PhRMA is "considering all options for appeal"...