In Law360, Tom Bulleit and Scott Falin Recap 2019 Drug Pricing Initiatives and Look at 2020

In The News
January 15, 2020
Thomas N. Bulleit
Capital Insights.

In 2019 a dizzying array of drug pricing actions or proposals came out of the Trump administration and U.S. Congress, as well as governor’s offices and state legislatures. In a Law360 article published on Jan. 14, health care partner Tom Bulleit and associate Scott Falin (both of Washington, D.C.) analyze what happened with drug pricing in 2019 and what to watch in 2020.

Noting that little consequential legislative or administrative action took effect in 2019, Tom and Scott predict that political and media attention to the drug industry over prices is likely to continue at least through the first half of 2020, when Congress has to address some must-pass legislation.

At the Congressional level, they observe that modest measures relating to pricing transparency, and federal health care program and Food and Drug Administration reforms, have some bipartisan support, but truly impactful ideas like direct government price negotiation are unlikely.

On the administrative side, Canadian re-importation may take effect, but probably will not bring much relief, and more impactful ideas such as international reference pricing will face court challenges.

Tom and Scott point to the states as more likely architects of new structures that will become law, including more transparency and pharmacy benefit manager regulation.


Thomas N. Bulleit
Thomas N. Bulleit
Retired Partner