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PRESENTED BY THE NATIONAL ALLIANCE ON MENTAL ILLNESS |
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Chamber of Commerce sues to block Medicare drug price negotiation |
In an anticipated legal move, the Chamber of Commerce on Wednesday filed a motion for a preliminary injunction on the Medicare Drug Price Negotiation Program under the Inflation Reduction Act while it is debated in court.
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The Chamber said in court documents filed Wednesday that its members would "suffer unrecoverable economic losses" if an injunction was not issued.
Medicare price negotiations are set to take place over the course of 2023 and 2024, with the established prices not expected to go into effect until the start of 2026.
Still, the Chamber may be motivated to pause the program as soon as possible, before negotiations get too far underway. The first 10 drugs eligible for negotiation are announced in September.
Apart from the financial implications, the Chamber argued that even if its members could recoup the supposed financial losses they would endure by raising the prices of other products, the "loss of customer goodwill" would still amount to irreparable harm.
The PR implications certainly present a tricky balancing act for the plaintiffs challenging drug price negotiation, particularly when the savings for Medicare could be enormous.
On Wednesday, KFF released an analysis that found the 10 top-selling drugs under Medicare Part D accounted for almost a quarter of gross spending in 2021, demonstrating the financial impact that only a few products can have.
The White House has held firm that it believes the law is on its side when it comes to Medicare price negotiation, though the Chamber argued in its motion for an injunction that its lawsuit was "likely to succeed on the merits of their due process claim."
There are currently three other lawsuits challenging the program — from Merck & Co., Bristol Myers Squibb and PhRMA — and this is the first move by any of the plaintiffs to block implementing negotiations while a case is being heard.
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Welcome to The Hill's Health Care newsletter, we're Nathaniel Weixel and Joseph Choi — every week we follow the latest moves on how Washington impacts your health. |
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How policy will be impacting the health care sector this week and beyond: |
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Iowa lawmakers Tuesday passed a law banning most abortions after about six weeks of pregnancy, weeks after the state Supreme Court deadlocked on whether the state’s current ban was enforceable. The bill’s passage sets up another legal challenge, as abortion rights groups said they would fight the new law. Republicans hold large majorities in both the state House and Senate, and Gov. Kim Reynolds (R) last week … |
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| A bipartisan push to expand methadone access across America is picking up momentum after restrictions on the medication were relaxed during the pandemic. Methadone is one of the most effective treatments available for opioid use disorder (OUD), however experts have long feared that easy access could backfire since methadone carries its own potential for abuse and unintentional overdose. |
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A gender and LGBTQ rights advocacy group has filed a lawsuit challenging Idaho’s “abortion travel ban” on the basis that the law is overly vague and unconstitutional, becoming the first organization to file such a legal challenge. The progressive group Legal Voice filed its lawsuit against Idaho Attorney General Raúl Labrador (R), arguing the abortion travel ban harms “Idahoans' reproductive health and … |
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Upcoming news themes and events we're watching: | - The House Subcommittee on Health under the Energy and Commerce Committee will hold a markup session Thursday on more than 17 pieces of legislation including the Pandemic and All-Hazards Preparedness Reauthorization Act.
- The Senate Judiciary Committee will hold a meeting on Thursday to consider an amendment to the Controlled Substances Act that would require electronic communication service providers to report controlled substance violations to the Attorney General.
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Branch out with a different read from The Hill: |
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Indiana authorities investigate deaths of 3 patients within a week at addiction treatment center |
MISHAWAKA, Ind. (AP) — The deaths of three patients within a week at a northern Indiana addiction treatment center are being investigated by local authorities, who are also looking into a suspected overdose involving a fourth patient. The St. Joseph County Police Department said Tuesday it was working with the county coroner's office to … |
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A MESSAGE FROM THE NATIONAL ALLIANCE ON MENTAL ILLNESS |
July marks 1 year of 988—the nationwide number for people to contact during a mental health or suicide crisis. But the work continues. Congress must continue investing in the mental health crisis response that we deserve. |
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Join The Hill in person: More than Memory Loss: Caring for those with Alzheimer's | National Press Club | July 18 at 8:30 a.m. ET The Hill will bring together caregivers, patients, clinical experts and lawmakers to discuss the fight against Alzheimer's and breakthroughs in providing relief to those who suffer from agitation and aggression. Speakers include: - Rep. Vern Buchanan (R-Fla.), chair, Ways and Means Subcommittee on Health
- Rep. Linda Sánchez (D-Calif.), lead co-sponsor, CHANGE Act
- Sue Peschin, president & CEO, Alliance for Aging Research
- Jen Pettis, director of strategic alliances, The Gerontological Society of America
- Jackie Pinkowitz, co-founder, Dementia Action Alliance
- Chad Worz, executive director, American Society of Consultant Pharmacists
- Carrie Shaw, Alzheimer's caregiver
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Local and state headlines on health care: | - With more people giving birth at home, Montana passed a pair of laws to make it easier (KFF Health News)
- Louisiana Department of Health says child immunizations across the board are trending downward (WAFB)
- Some NY hospitals nixed medical debt lawsuits. Others sued 1,600 patients for $9M (The Journal News)
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Health news we've flagged from other outlets: | - With 735 million people hungry, UN says world is 'off track' to meet its 2030 goal (Reuters)
- A young girl's custom gene therapy hints at a framework for tailored rare disease treatments (Stat)
- Hospital rankings are far from perfect. But experts say patients still need them. (USA Today)
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Most read stories on The Hill right now: |
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MyPillow is auctioning off hundreds of pieces of equipment and subleasing some manufacturing spaces amid what founder and CEO Mike Lindell calls "a … Read more |
| The White House press office on Wednesday issued a formal warning to a journalist over his frequent interruptions at press briefings, cautioning he … Read more |
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Opinions related to health submitted to The Hill: | |
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