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Medicare Negotiation Guidance Rebuts Accusations Of Constitutional ‘Due Process’ Violations

 
• By Cathy Kelly

The final guidance on the Medicare drug price negotiation program also addresses complaints that the government may violate the uncompensated ‘takings’ clause of the Fifth Amendment of the US Constitution in the way it considers remaining patents and exclusivities for negotiated drugs.

CMS Points To Extensive Stakeholder Outreach In Its Defense • Source: Shutterstock

The Centers for Medicare and Medicaid Services addresses some of the Constitutional arguments made in opposition to its implementation of the Medicare price negotiation in a final guidance on the program, which may offer a preview of the federal government’s defense against lawsuits now pending against the agency.

The guidance was issued by the Centers for Medicare and Medicaid Services 30 June. In it, the agency:

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