The MAHA Agenda: Implications for Drug Pricing Reform

 

Since IRA’s 2022 enactment, a myriad of constitutional challenges have been brought against its Drug Price Negotiation Program. Litigants argue that IRA’s non-compliance excise tax functionally pushes manufacturers to agree on drug pricing in violation of the First, Fifth, and Eighth Amendments. Attendees will learn about the practical effect of the outcome of these challenges on product development, investment decisions, and future litigation strategies brought by manufacturers. Panelists analyze the merits of these constitutional arguments and the scope of the government’s regulatory role in this field, particularly in view of the new administration’s intentions for Medicare.