- Docket No.
- District Court
- Delaware, Wilmington
- Block the government from applying the IRA to the plaintiff
- Declaration that the government's definition of key terms of the IRA violate the Administrative Procedure Act
- Declaration that the IRA is unconstitutional and violates the Due Process Clause
Why this Matters:
The plaintiff argues that the Inflation Reduction Act’s Medicare drug negotiation process violates the Administrative Procedure Act and Due Process Clause of the Fifth Amendment. Medicare’s authority to negotiate the price of certain single-source, high-priced drugs is estimated to result in substantial savings for Medicare beneficiaries and the federal government.
Successful challenges to Medicare’s negotiation authority would negate savings to Medicare beneficiaries and taxpayers, and could severely restrict federal regulatory authority in the health care arena.
News And Analysis (5)
Health AffairsA Deep Dive Into Takings Clause Challenges To The Medicare Drug Price Negotiation Program
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VoxBig Pharma’s Legal Fight to Stop Cheaper Medicare Drugs, Explained