Medicare Negotiations: Industry Makes Headway At Appeals Court With First Amendment Argument

Judges on the Third Circuit panel in the BMS and JNJ IRA cases seemed sympathetic to industry’s concerns about the government using the term “maximum fair price” in the IRA’s Medicare drug price negotiation program.

picture of the US constitution focused on the 1st Amendment with a judge's gavel.
The US Court of Appeals for the Third Circuit held oral arguments for three industry appeals of IRA cases on 30 October. (Shutterstock)

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