Pricing Disclosure Demands During Medicare Negotiation Process May Be Fodder For Lawsuits

Regulatory attorneys suggest different issues that might form the basis of manufacturer-sponsored litigation against the Centers for Medicare and Medicaid Services.

IRA Attempts To Head Off Legal Action But Lawsuits Probably Inevitable • Source: Shutterstock

The Inflation Reduction Act specifically bars legal action against many aspects of the Medicare price negotiation program it establishes. But regulatory attorneys agree industry-sponsored legal action against the implementation of the Medicare price negotiation program is inevitable.

The law mandates there can be no “administrative or judicial review” of the Centers for Medicare and Medicaid Services’ selection...

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