In a Bloomberg Law article, health care partner Margaux Hall, who leads the firm’s drug pricing and price reporting group, commented on anticipated legal action related to Medicare drug price negotiations in 2024.
Drugmakers and industry groups have already filed 10 lawsuits against the U.S. Department of Health and Human Services over the Medicare drug pricing program. The litigation mainly involves whether the drug pricing program is constitutional under the First and Fifth Amendments.
“As the Centers for Medicare and Medicaid implements the negotiation program, we will learn more about the agency’s interpretation of the statute. That agency action could provide the basis for additional legal challenges, if it is viewed as exceeding the bounds of what Congress authorized,” said Margaux.
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