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Thursday, Aug 22 2019

Full Issue

HHS Appeals Judge's Decision On Rule Requiring Drugmakers To Include Drug Prices In TV Ads

U.S. District Judge Amit Mehta ruled in July that Congress had not given HHS the authority to require such disclosures and blocked implementation of the rule just hours before it was slated to go into effect.

The Trump administration is appealing a court ruling that struck down its plan to compel pharmaceutical companies to disclose wholesale prices of their drugs in televisions advertisements. The Department of Health and Human Services (HHS) filed a notice of appeal on Wednesday, as it prepares to challenge the July federal court ruling. (8/21)

The appeal, announced in a court filing, gives President Trump and the Department of Health and Human Services (HHS) another chance to resurrect what was one of the administration’s key attempts at lowering prescription drug prices. Under the rule, which was announced by HHS Secretary Alex Azar in May, drug manufacturers would have to state the list price of a 30-day supply of any drug that is covered through Medicare and Medicaid and costs at least $35 a month. (Weixel, 8/21)

The new court filing is the latest flare-up in an ongoing spat between the Trump administration and the pharmaceutical industry over the policy, and over drug prices more generally. Drug makers have argued the new rules would not provide consumers with useful information — since most consumers don’t actually pay the sticker price for their drugs — and the Trump administration has argued drug makers don’t want to advertise their prices because they’re ashamed. (Florko, 8/21)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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