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Trump Administration's Rx Drug Price Disclosure Reg Seen As Unworkable

 
• By Brenda Sandburg

Lawyers say CMS proposed rule requiring TV ads to disclose drug's list price wouldn't survive First Amendment suit and competitors have no reason to try to enforce it.

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The Centers for Medicare & Medicaid Services' proposed rule requiring TV ads for prescription drugs to disclose their list price has several significant fault lines, lawyers told the Pink Sheet, suggesting the reg may not hold up to challenges.

First and foremost is the question of whether the regulation violates the First Amendment by imposing an impermissible restriction on free speech. There is also a question of whether CMS has statutory authority under the Social Security Act to impose such a rule

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