Drug Pricing Policy Show Moves Into Next Act With Biopharmas' Suit Against DTC Ad Rule
Merck, Lilly, Amgen join advertisers in suit against HHS; rule helped Trump administration spotlight industry pricing practices but potential impact has always been unclear.
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HHS lacks authority to require drug price disclosures in TV ads, judge rules. Even if legislation were to explicitly give the Trump Administration such authority, First Amendment issues would still linger.
Decision in final rule marks a setback in the Trump Administration’s game plan for lowering drug prices. But CMS proceeds with codifying previous guidance allowing step therapy for Part B drugs in Medicare Advantage.
Nevertheless, the Pharmaceutical Research and Manufacturers of America announces enhancement of its drug pricing disclosures voluntary program, a Medicines Assistance Tool website that links to individual company sites, in response to the US rule.