IRA Litigation Hurdles Clarified With Ruling In Chamber Of Commerce Suit
Drug manufacturers will have to participate in the Medicare drug price negotiation process for the foreseeable future. Judge Newman's finding that participation in Medicare is voluntary could defeat constitutional challenges to the program and have an impact on other cases.
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A former secretary of the US Department of Veterans Affairs and a senior Biogen executive deliberated at a recent summit the unintended consequences of the US Inflation Reduction Act and politics around the legislation. They likened the first prescription drugs subject to price controls under the IRA to a “TV commercial list.”
The pharma industry is hoping that litigation might end Medicare price negotiation before it begins. But a House hearing also starts the process of developing legislative improvements that might be viable in years to come – starting with trying to restore the lifespan of small molecules.
Medicare Drug Pricing In Court: Judge Praises ‘Zealous Advocacy’ Of Attorneys In First Hearing On IRA
DOJ and Chamber of Commerce attorneys argue over whether Chamber has standing to sue and whether AbbVie has suffered harm meriting a preliminary injunction to halt the program. With Medicare’s Oct. 2 deadline looming, Judge Newman said he would issue a decision ‘as quickly as we can.’