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In Law360, Cross-Practice Team Analyzes What is New in Federal and State Drug Pricing Initiatives

Practices: Health Care, Managed Care, Health Care Finance & Restructuring, Digital Health, Medicare, Medicaid & Third-Party Reimbursement, Administrative Litigation

Capital Insights.

In a Jan. 14 Law360 article, a cross-practice team examined the current landscape around regulation of prescription drug prices at the federal and state level. The article focuses especially on the Trump administration’s “American Patients First 2018 Blueprint,” which set forth a plan to curb prescription drug prices.

The authors provide a recap of various 2018 initiatives and look at 2019 national priorities, along with the role states have played. The authors note that there is likely a gap between aspiration and accomplishment. The most potentially impactful initiatives, such as the proposal to employ international reference pricing to Medicare Part B drugs, are likely to face legal challenges that will cause at least significant delay if not defeat. Conversely, while the administrations list of easily accomplished ideas is long, the authors doubt that they are likely to have a significant impact on reducing drug prices in the near future.

The article was co-authored by health care partner Tom Bulleit (Washington, D.C.) and health care partner Deborah Gardner (Boston).

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