PhRMA Sues Federal Government Regarding Medicaid Best Price Ruling

The Pharmaceutical Research and Manufacturers of America (PhRMA) group has sued the Department of Health and Human Services. PhRMA is dissatisfied with a recent ruling that requires drug manufacturers to include copay assistance and any other discounts when offering Medicaid rebates. Pharmaceutical companies have been vocal in its dissatisfaction of this Trump-era ruling.

According to the lawsuit, “Manufacturer assistance to patients is not part of the ‘price’ available from the manufacturer to any best-price-eligible purchaser, with or without an accumulator adjustment program,” in addition, “Accumulator adjustment programs deploy only after a drug has been paid for and dispensed and diverts the assistance that the manufacturer provided to the patient, against the manufacturer’s will and often without its knowledge.” Read more here.

(Source: Robert King, Fierce Healthcare, 5/26/21)