In Law360, Margaux Hall Discusses Challenges Arising from Medicare Drug Price Negotiations Program

In a Law360 article, health care partner Margaux Hall, who leads the firm’s drug price and price reporting group, commented on challenges arising in the wake of the Centers for Medicare & Medicaid Services (CMS) publishing final prices for the first round of 10 drugs subject to the Inflation Reduction Act’s Medicare drug price negotiation program.

CMS is expected to release the names of 15 more drugs that will be subject to the next round of price negotiations by February 1, 2025.

Margaux said that while we learn more about the government's approach to prices with each successive round of drugs, she expects the federal agency to feel some level of pressure to have consistency in its general approach to the negotiations.

“If the agency were to do something that's really erratic and inconsistent across years of the program, it would be more vulnerable to additional legal challenges. I anticipate a level of past dependency in terms of the processes that are involved,” said Margaux.