Health care partner Tom Bulleit and associate Rebecca Williams (both of Washington, D.C.) authored an April 23 Law360 article examining how states and federal agencies are challenging drug prices.
The authors explain that without any congressional consensus to take action on drug pricing there has been activity in the federal executive branch and state legislatures to address pricing questions. The U.S. Food and Drug Administration’s approach has been one of seeking to improve access to lower-cost generic drugs with a plan to expedite the review process for generic drug applications of FDA-listed prescription drugs.
Several federal enforcement authorities are approaching drug pricing through increased scrutiny of prescription drug patient assistance programs. Recent state legislation has targeted issues requiring the state to establish a drug importation program for certain high-cost biopharmaceuticals to prohibit price-gouging of generic drugs, as well as forcing greater transparency in how drug prices are set.
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