News & Analysis as of November 19, 2024

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Medicaid is a partnership program between states and the federal government to provide healthcare coverage for lower income individuals, people with disabilities, older people, and certain families with... more +

Just Opt Out! Boehringer Ingelheim’s IRA Challenge Is Latest To Fail

Kramer Levin Naftalis & Frankel LLP on 7/22/2024

Since its enactment in 2022, the validity of the Inflation Reduction Act (IRA) and its drug price negotiation program (Program) has been repeatedly challenged in District Court, with little success. Boehringer Ingelheim’s...more

HHS Can’t Force Disclosure Of Drug Prices In Ads with “Blunderbuss” Rule

Proskauer - Minding Your Business on 9/11/2020

Among its various attempts to regulate drug prices, the Trump administration recently sought to force pharmaceutical advertisements to disclose the wholesale acquisition cost (WAC) of certain drugs. This effort was dealt a...more

CMS Final Rule Requires Prescription Drug Pricing Transparency in DTC Advertising

Foley Hoag LLP on 5/14/2019

On May 8, 2019, the Centers for Medicare & Medicaid Services (“CMS”) finalized the regulation (“Final Rule” or “DTC Rule”) requiring direct-to-consumer (“DTC”) prescription drug television advertisements to include the...more

HHS to Require Manufacturers to Disclose Drug Pricing in Television Advertisements

Troutman Pepper on 5/13/2019

U.S. health officials have taken the first concrete step toward implementing the vision set out in the “American Patients First” blueprint published by President Trump and Health and Human Services (HHS) Secretary Alex Azar...more

CMS proposes requiring drug prices in TV ads

Hogan Lovells on 10/24/2018

On October 15, CMS released a proposed rule titled “Medicare and Medicaid Programs: Drug Pricing Transparency,” which would require direct-to-consumer (DTC) advertisements for prescription drugs covered by Medicare or...more

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