 Health Care |
Health Care |
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DOJ pushes back on attempts to stall Medicare price negotiation |
The Biden administration slammed the U.S. Chamber of Commerce's attempt to stall the implementation of Medicare drug price negotiations, just two weeks before the first set of drugs is set to be announced.
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In a legal filing Friday, attorneys for the Department of Justice (DOJ) accused "manufacturers and interest groups" of trying to use the courts after their lobbying efforts failed to stop Congress from passing the law allowing for Medicare to negotiate.
The administration was responding to a motion from the U.S. Chamber of Commerce and others requesting a preliminary injunction in their lawsuit against the Department of Health and Human Services to block the implementation of the Medicare Drug Price Negotiation program, which was established by the Inflation Reduction Act (IRA).
The DOJ argued in its response that manufacturers are not obligated to participate in the negotiation program, even if they might lose out on the lucrative income that Medicare provides. Even then, the DOJ noted that the negotiated prices would not go into effect until 2026, by which time these cases could be resolved.
"No injunction is warranted because this case can (and presumably will) be litigated to final judgment well before any new prices take effect in 2026," DOJ attorneys wrote.
The administration further argued the Chamber had failed to demonstrate it had a stake in the outcome of whether Medicare price negotiation was allowed to continue.
While there is precedent for organizations suing on behalf of members, the DOJ noted the Chamber had only one member who could possibly argue harm — the pharmaceutical company AbbVie.
These arguments are taking place just weeks before Medicare is set to announce the first 10 drugs eligible for negotiation, officially kicking off the bargaining process. Early projections have listed several of the plaintiffs' products as likely to be on that list and if so those companies will have 30 days to agree to negotiations or opt out.
Read more in full report at TheHill.com. |
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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