Ben Penn’s Post

In 2024, the United States will witness a significant turning point in healthcare policy and legal disputes as the Biden administration's Medicare drug price negotiation initiative undergoes its ... https://lnkd.in/gzPQvnwX #BidenAdministration #BristolMyersSquibb #HealthcarePolicy #InflationReductionAct #JohnsonJohnson #LegalChallenges #MedicareDrugPriceNegotiations #Merck #PharmaceuticalCompanies #PrescriptionDrugCosts

The latest on the Inflation Reduction Act and Medicare- The U.S. Chamber of Commerce sought to enjoin negotiations over the prices of 10 medications, including the blood thinner Eliquis, diabetes treatment Jardiance and eight other medications for Medicare’s first-ever drug price negotiations as it seeks to lower medical costs for Americans. The court denied the injunction. After the decision, “AbbVie released a statement in response to the ruling and announced it would be participating in the negotiations.” The company joins four other drugmakers – “Merck, Boehringer Ingelheim, AstraZeneca and Bristol Myers Squibb” – that “have publicly said they will participate in negotiations.” For more background on the inflation Reduction Act and how it may affect the drug supply chain, please see our article at: https://lnkd.in/gChkCSwA #inflationreductionact #drugpricing #drugsupplychain #medicare

Multiple states are taking action to ensure healthcare providers serving low-income patients have access to vital 340B drug discounts. Over 25 states have enacted laws protecting these discounts, and nearly 30 states prevent reductions in reimbursement rates for 340B drugs by PBMs and insurers. This surge in state activity comes after a wave of lawsuits by drug manufacturers challenging the federal government's oversight of the 340B program, leading to limitations on discounts. Healthcare systems operating across multiple states now face a complex web of regulations. We anticipate a rise in 340B-related legal issues, including challenges to state laws and ongoing litigation over program details.

The #pharmaceuticals industry is fighting the federal government's new drug pricing negotiation powers through their DC lobbying group, PhRMA - claiming that #Medicare drug price negotiation is "unconstitutional and violates their due process." Yesterday, a Texas judge ruled in favor of the government and dismissed the first lawsuit brought in federal court. The fight, however, is far from over. Eight other lawsuits exist that could stretch the legal fight for years to come. Read more about the legal battle and the major players involved here: https://lnkd.in/eUT56ZdV 

Medicare drug price negotiations are in full swing for the first 10 drugs as part of the IRA, but lawsuits challenging the program persist. Dive into our latest blog for an update on the progress of these suits and insights into the core arguments. 🔗 https://lnkd.in/eJW_2v8M What do you think the outcome of these lawsuits might be? Comment below ⬇ #Medicare #DrugPriceNegotiations #IRA #HealthcarePolicy #PharmaLaw #DrugPricing #HealthcareReform #CMS #LegalUpdates #HealthcareNews #StayInformed #HMPMarketAccessInsights

Another Week, Another Blow to Big Pharma's Efforts to Block Medicare Negotiation 💥 This week brought major developments in the ongoing legal battle between patients and pharmaceutical corporations over the historic Medicare drug price negotiation program established by the Inflation Reduction Act. The biggest win came on Monday (4/29) when a federal court in New Jersey resoundingly rejected constitutional challenges from Bristol Myers Squibb and Janssen, who claimed the negotiation program violates the Takings Clause and First Amendment. 🗽 The judge dismantled Big Pharma's core arguments, stating clearly "Selling to Medicare is a choice...This is true for any negotiation between a purchaser and a seller." Both BMS and Janssen have since indicated that they will appeal this ruling. Just hours after this decisive ruling in New Jersey, AstraZeneca filed a notice to appeal a previous court ruling against its lawsuit challenging Medicare negotiation of its blockbuster drug Farxiga - underscoring how far the industry will go to regain complete pricing power at the expense of patients. And on Wednesday, PhRMA, the drug industry’s top trade association, had oral arguments heard in their appeal. Amid these legal maneuvers, our message is clear: Patients will NOT back down in defending these hard-won reforms that 80% of Americans overwhelmingly support. Every case and appeal is an assault on the millions struggling to afford life-saving medications. Stay tuned as we continue battling Big Pharma's relentless resistance.

Pharma policy and legal friends, if you are interested in the intersection of law and policy, William Sarraille is worth following.

The latest from 340B Report: Five Major Drug Makers Oppose Health Center’s Legal Challenge to 340B Patient Definition - https://lnkd.in/eswpPWR7 Medicare DSH Changes Will Cut 340B Access, Draw Legal Challenge, Say Attorneys - https://lnkd.in/eA3Fj6tF Making the Case for Your 340B Program - https://lnkd.in/eDGk9XuB Government Watchdog Reissues Controversial Finding on Adverse Incentives in 340B Program - https://lnkd.in/eqBxjV3q Hospitals Charge Average 500% of Top 20 Drug Costs, Says PhRMA-Funded Analysis - https://lnkd.in/etFN8tJY 340B Industry Leader Spotlight: Justin Rolling, VP of National Sales, PharmaForce - https://lnkd.in/ewaFtYGp #340B #pharmacy #hospitals #drugspharmaceuticals

How #bigpharma is fighting #bidenadministration’s program to lower seniors’ costs of #prescriptiondrugs #lobbying #advocacy #USA https://lnkd.in/gs5i2DAS Supporters of the law point to the industry’s sky-high profits, generous executive compensation packages and lucrative stock buyback programs. Last year, Bristol Myers Squibb posted $45 billion in revenue, Merck reported about $60 billion in sales, and Johnson & Johnson raked in more than $85 billion, which includes drugs sold by Janssen, according to their earnings reports. “Pharmaceutical companies are doing well right now,” said Kelly Bagby, vice president at AARP Foundation Litigation, which has filed legal briefs in support of the Biden administration. “They want to make sure their historical profitability is maintained, and not changed, while at the same time trying to delay everything.” Under siege in Washington, the drug industry has focused its attention on the courts: Since last year, companies and lobbying groups have filed nine lawsuits in Delaware, Ohio, New Jersey, Texas and the District of Columbia. In July, for example, the U.S. Chamber of Commerce joined local organizations in urging a federal judge in Ohio to issue an emergency halt to the negotiations. The Chamber’s members include AbbVie, which markets Imbruvica, one of the initial 10 drugs targeted by Medicare. The court in September rejected that petition on procedural grounds, but the broader case is still underway. The lobbying group PhRMA helped bring another lawsuit in Texas, arguing in the summer that the Medicare negotiation program risks “drastically slowing innovation, reducing drug availability, and worsening patient outcomes.” A judge later ruled in favor of the Biden administration, prompting the industry to begin an appeal on Wednesday. And lawyers for AstraZeneca, the maker of Farxiga, told a federal judge in Delaware that law was like a “gun to the head,” forcing the company to accept the government’s price or a massive blow to its bottom line. As in other cases, the company urged the court to toss out the entire drug-pricing program. Under the Inflation Reduction Act, drug companies that engage in negotiations but refuse to accept the final price have a choice: They can pay a massive tax, or they can withdraw from Medicare entirely, denying medicines to seniors and losing a major source of revenue. This month, Colm F. Connolly, chief judge for the U.S. District Court in Delaware, rejected AstraZeneca’s arguments. Appointed by former president Donald Trump in 2018, he described the negotiations as an “economic opportunity that AstraZeneca is free to accept or reject” because the government is not required to buy drugs at prices it isn’t willing to pay.

scrutiny for high drug prices is shifting to the pharmacy benefit managers. PBMs negotiate prices with drug companies and also help insurers decide which drugs are covered for a patient. But frustration with PBMs has grown over complaints that they keep too much of the discounts they negotiate or steer patients to costlier drugs to benefit their own bottom lines. PBMs have drawn heat from Democrats as well as Republicans, who are generally friendlier to drugmakers. https://lnkd.in/esM99K-s #drugpricing #legislation #pbm