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Articles by Eugene Hutchinson
Three Drug Pricing Litigation Issues to Watch in the Second Half of 2024 | JD Supra
August 7, 2024 Kevin Adam, Cansu Gunel, Eugene Hutchinson, Constantin Nuernberger White & Case LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: It has been a busy year for issues related to drug pricing, and with the election around the corner, litigation issues that have been developing over the last few years are likely to be a key focus for the second half of 2024.
Where Things Stand on Drug Pricing at the Halfway Point of 2023 | JD Supra
While only slightly past the midway point of 2023, it has already been a busy year for developments in drug pricing. Notably, CMS released its final guidance in preparation for price negotiations and the first 10 drugs covered under the IRA, constitutional challenges to the IRA's drug-pricing provisions are mounting, and Congress is considering several new bills that seek to ban specific PBM practices and target certain types of conduct by drug manufacturers.
Where Things Stand on Drug Pricing at the Halfway Point of 2023
While only slightly past the midway point of 2023, it has already been a busy year for developments in drug pricing. Notably, CMS released its final guidance in preparation for price negotiations and the first 10 drugs covered under the IRA, constitutional challenges to the IRA's drug-pricing provisions are mounting, and Congress is considering several new bills that seek to ban specific PBM practices and target certain types of conduct by drug manufacturers.
Five Drug Pricing Issues to Watch in 2023 | JD Supra
Despite a busy 2022, drug pricing remains a hot topic at the federal and state levels, with a number of recent developments and trends worth monitoring heading into 2023. In the past year, the FTC increasingly focused on the role of Pharmacy Benefit Managers ("PBMs") in drug pricing as well as the potential for rebate agreements concerning drug formulary coverage to violate the antitrust laws, increasing the potential for investigations and enforcement actions.
Five Drug Pricing Issues to Watch in 2023
Despite a busy 2022, drug pricing remains a hot topic at the federal and state levels, with a number of recent developments and trends worth monitoring heading into 2023. In the past year, the FTC increasingly focused on the role of Pharmacy Benefit Managers ("PBMs") in drug pricing as well as the potential for rebate agreements concerning drug formulary coverage to violate the antitrust laws, increasing the potential for investigations and enforcement actions.
HHS Report Reiterates Biden Administration Support for Wide-Ranging Action to Address Drug Prices | JD Supra
On September 9, 2021, the Department of Health and Human Services ("HHS") released its widely anticipated "Comprehensive Plan for Addressing High Drug Prices." The HHS report supports far-reaching legislative and administrative actions.
Elimination of Medicaid Rebate Cap in the Latest COVID-19 Relief Package—The First Legislative Action on Drug Pricing Under the Biden Administration | JD Supra
The American Rescue Plan Act of 2021, the US$1.9 trillion stimulus package expected to be passed by Congress and signed into law by President Biden by March 14, 2021, contains the first drug pricing legislative action being taken under the new Biden administration. The American Rescue Plan Act of 2021 includes a provision that eliminates the statutory cap on rebates drug manufacturers pay to Medicaid.
Supreme Court Green Lights Arkansas Law Regulating PBM Pricing Practices | JD Supra
On December 10, 2020, the Supreme Court in Rutledge v. Pharmaceutical Care Management Association held that ERISA does not pre-empt an Arkansas law regulating PBM prescription drug payment rates to pharmacies because it merely functions as a "cost regulation"—it does not "forc[e]" ERISA plans "to adopt any particular scheme of substantial coverage" or otherwise impermissibly "relate to" ERISA plans.
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