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Medicare will allow pharma firms to debate drug price negotiations

INBV News by INBV News
June 30, 2023
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Medicare will allow pharma firms to debate drug price negotiations
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A whole bunch of 1199SEIU health care employees staged a rally and sit to dam third avenue where some were arrested. They protested against health care cuts in Governor Kathy Hochuls budget on Medicare.

Lev Radin | Lightrocket | Getty Images

Medicare on Friday said it is going to allow pharmaceutical firms to publicly discuss this system’s historic drug price negotiations, dropping a confidentiality requirement that the industry argued violated the First Amendment in lawsuits filed this month.

In initial guidance released in March, Medicare had forbidden the industry from publicly disclosing information on the lower cost initially offered by the federal government for drugs targeted under this system, in addition to the federal government’s reasons for choosing that price point.

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Medicare had also forbidden firms from disclosing any verbal conversations throughout the negotiation period. It also required firms to destroy any information inside 30 days if the drug isn’t any longer chosen for negotiations.

In revised guidance released Friday, Medicare said an organization “may decide to publicly disclose information regarding ongoing negotiations at its discretion.”

The Inflation Reduction Act, passed last yr, empowered Medicare to directly negotiate with pharmaceutical firms over prices for the primary time. This system is the central pillar of the Biden administration’s efforts to regulate rising drug prices within the U.S.

Merck, the U.S. Chamber of Commerce, Bristol Myers Squibb and the industry lobbying group Pharmaceutical Research and Manufacturers of America asked federal courts this month to declare the drug price negotiations unconstitutional.

Merck, the chamber and Bristol Myers Squibb argued of their lawsuits that Medicare had imposed a gag order that effectively banned the businesses from publicly disagreeing with the federal government’s position in violation of the First Amendment.

The industry’s lawsuits, nonetheless, are also focused on broader claims that this system violates due process and the seizure of personal property without just compensation under the Fifth Amendment of the U.S. Structure.

Health and Human Services Secretary Xavier Becerra on Friday vowed to press ahead with the negotiations despite pharmaceutical industry’s lawsuits.

“Pharmaceutical firms have made record profits for many years,” Becerra said in an announcement. “Now they’re lining as much as block this Administration’s work to barter for higher drug prices for our families.

“We can’t be deterred,” Becerra said

HHS will release a listing of 10 high-cost drugs chosen for negotiation by September. The businesses have to determine whether to take part in the negotiations the next month.

Drugmakers that select to not participate face severe financial penalties. They will avoid these penalties by terminating their participation in Medicare and Medicaid drug rebate programs.

The businesses have argued that withdrawing from the rebate programs isn’t a feasible alternative since the programs represent nearly half of the nation’s annual spending on pharmaceuticals.

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Tags: discussdrugFirmsmedicarenegotiationsPharmaPrice
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