In Law360, Washington, D.C. Partners Analyze CMS’ Drug Price Disclosure Proposal

A Washington, D.C. cross-practice team authored a Law360 article published Oct. 24 that analyzes a proposed rule from the Centers for Medicare & Medicaid Services on the disclosure of pricing information in direct-to-consumer television ads for prescription drugs and biologics reimbursable by Medicare and Medicaid.

The authors examine the scope of CMS authority to issue the rule, First Amendment considerations, Lanham Act considerations, state law preemption, and additional considerations.

The article was co-authored by life sciences partner Kellie Combs, appellate and Supreme Court practice chair and partner Douglas Hallward-Driemeier, IP litigation partner Peter Brody, health care partner Tom Bulleit, and life sciences partner Albert Cacozza.