DOJ lambasted Chamber of Commerce for delaying the drug price negotiation
DOJ lambasted Chamber of Commerce for the delay of drug price negotiation
In a recently published article by The Hill, the Department of Justice (DOJ) lambasted the Chamber of Commerce’s request for blocking the Medicare drug price negotiation program. The organization had no chance to file the lawsuit and that delaying the program would harm the public. The said rebuttal comes weeks before the federal government is expected to name the first 10 drugs chosen for price negotiation
The Chamber of Commerce filed a motion against the Medicare Drug Price Negotiation Program, declaring that it would administer harm on U.S. businesses and patients. The DOJ opposed, pointing out drug price negotiation program won’t affect companies until at least 2026. The DOJ added that pausing Medicare drug price negotiation would harm the public’s interests.
On Sept.1, the Centers for Medicare and Medicaid Services is set to announce the first ten drugs eligible for drug price negotiation. Then the manufacturers of these drugs will have one month to sign agreements to participate in the drug price negotiation.
Those who don’t want to join the drug price negotiation can withdraw from Medicare and Medicaid. The manufacturers can avoid excise taxes if they give notice at least 30 days before the tax penalties go into effect. The Chamber of Commerce is one of several organizations, along with the group of trade PhRMA, Merck & Co. and Bristol Myers Squibb, suing the Department of Health and Human Services over the drug price negotiation program.
The DOJ argued that the recent lawsuits for the drug price negotiation program were an attempt to accomplish what lobbying could not. Drug manufacturers lobbied hard against the legislative efforts to seat the Secretary at the drug price negotiation. Now that their lobbying failed, manufacturers and interest groups have run to court, filing multiple suits around the country challenging the statute on its face, read the motion.
The DOJ called into question what standing the Chamber had to sue over the drug price negotiation program. Chamber said though they are not a pharmaceutical company, with regards to the drug price negotiation, they are suing on behalf of drugmakers members.