It has been a busy year for issues related to drug pricing, and with the election around the corner, litigation issues that have been developing over the last few years are likely to be a key focus for the second half of...more
8/7/2024
/ Delisting ,
Drug Pricing ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Inflation Reduction Act (IRA) ,
Manufacturers ,
Orange Book ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Pharmacy Benefit Manager (PBM) ,
Popular ,
Prescription Drugs ,
Robinson-Patman Act
While only slightly past the midway point of 2023, it has already been a busy year for developments in drug pricing. Notably, CMS released its final guidance in preparation for price negotiations and the first 10 drugs...more
8/30/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Contract Negotiations ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Excise Tax ,
FTC Act ,
Inflation Reduction Act (IRA) ,
Manufacturers ,
Medicare ,
Medicare Part D ,
Pharmaceutical Industry ,
Pharmacy Benefit Manager (PBM) ,
Preliminary Injunctions ,
Prescription Drugs ,
Section 340B ,
Transparency
Despite a busy 2022, drug pricing remains a hot topic at the federal and state levels, with a number of recent developments and trends worth monitoring heading into 2023. In the past year, the FTC increasingly focused on the...more
1/10/2023
/ Biden Administration ,
Drug Pricing ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
Inflation Reduction Act (IRA) ,
Investigations ,
Legislative Agendas ,
Medicare ,
Medicare Part D ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Rebates ,
Regulatory Agenda
Among the drug pricing developments to watch in 2022, those at the top include legislation that would allow Medicare price negotiation and alter antitrust rules for the pharmaceutical industry, Federal Trade Commission...more
1/31/2022
/ Drug Pricing ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Medicare ,
Medicare Part D ,
Pharmaceutical Industry ,
Prescription Drugs ,
Price Transparency ,
Proposed Legislation ,
Rebates ,
Section 340B
On September 9, 2021, the Department of Health and Human Services ("HHS") released its widely anticipated "Comprehensive Plan for Addressing High Drug Prices." The HHS report supports far-reaching legislative and...more
9/20/2021
/ Biden Administration ,
Competition ,
Cost-Sharing ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Executive Orders ,
Healthcare Reform ,
Medicare ,
New Legislation ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Physician Medicare Reimbursements ,
Prescription Drugs ,
Price Transparency ,
Proposed Legislation
The American Rescue Plan Act of 2021, the US$1.9 trillion stimulus package expected to be passed by Congress and signed into law by President Biden by March 14, 2021, contains the first drug pricing legislative action being...more
On December 10, 2020, the Supreme Court in Rutledge v. Pharmaceutical Care Management Association held that ERISA does not pre-empt an Arkansas law regulating PBM prescription drug payment rates to pharmacies because it...more
12/23/2020
/ Drug Pricing ,
Employee Retirement Income Security Act (ERISA) ,
Health Insurance ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Preemption ,
Prescription Drug Coverage ,
Prescription Drugs ,
Rutledge v Pharmaceutical Care Management Association ,
SCOTUS
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The purpose of the CARES Act is to provide emergency assistance and health care response for individuals, families, and...more
4/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Medicaid ,
Medical Devices ,
Medicare ,
Medicare Part D ,
Pharmaceutical Industry ,
Prescription Drugs ,
Relief Measures ,
Supply Chain ,
Virus Testing
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The purpose of the CARES Act is to provide emergency assistance and health care response for individuals, families, and...more