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Industry's Suits Against Medicare Price Negotiation: Consolidation And Expansion

Executive Summary

With a new suit from Boehringer Ingelheim and a consolidated schedule for other cases, the legal threats to the US Medicare drug price negotiation program mandated under the Inflation Reduction Act (IRA) become clearer. Our tracker keeps you apprised of the latest developments.

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First Round Of Drugs Up For Medicare Negotiation Gets Soft Landing

Big pharma valuations mostly held steady as CMS released its list of the first 10 drugs subject to Medicare negotiations under the Inflation Reduction Act, which held few surprises and included products nearing the end of their patent lives by the time negotiated pricing takes effect.

Medicare Price Negotiation List Remains A Puzzle, Even For Those That Are (Probably) On It

Highly anticipated list will determine the Medicare Part D drugs subject to negotiated prices in 2026. Under the law, the list cannot be subject to administrative or judicial review, so the stakes are high. As patent and sales statuses shift, the Pink Sheet offers a baker's dozen of possible drugs.

Medicare Negotiation Guidance Rebuts Accusations Of Constitutional ‘Due Process’ Violations

The final guidance on the Medicare drug price negotiation program also addresses complaints that the government may violate the uncompensated ‘takings’ clause of the Fifth Amendment of the US Constitution in the way it considers remaining patents and exclusivities for negotiated drugs.

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