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Second Judge Rejects Constitutional Challenges To Medicare Price Negotiation Program

 
• By Brenda Sandburg

Delaware district judge rules against AstraZeneca’s claim the IRA violates its due process rights, echoing findings made by Ohio district judge in Chamber of Commerce’s suit. Only other IRA ruling to date dismissed PhRMA’s complaint on procedural grounds without addressing the merits.

Delaware District Courthouse
Delaware District Court is third to issue a ruling in cases challenging the Medicare drug price negotiation program • Source: John Cerino

The pharmaceutical industry lost the third ruling in litigation challenging the Inflation Reduction Act’s Medicare drug price negotiation program when the Delaware district court ruled against AstraZeneca LP’s claims the law is unconstitutional and violates its Fifth Amendment right to due process.

It is the second time a judge rejected constitutional claims against the IRA, as an Ohio district court judge made similar statements in denying the US Chamber of Commerce’s motion for a

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More from Government Payers

New Guidance Suggests SubQ Keytruda, Opdivo Formulations May Not Avoid Medicare Negotiations

 
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New draft guidance on the third cycle of Medicare drug price negotiations goes against Merck and BMS expectations for their cancer drugs. The guidance also tackles Part B and renegotiated prices for the first time.

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Trump’s Rx Pricing Order: The Best-Case And Worst-Case Scenarios

 
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