Here are summaries of the cases and where they stand.
Drugmakers and trade associations have filed eight lawsuits challenging the Inflation Reduction Act’s Medicare drug price negotiation program. Here are summaries of the cases and where they stand:
Dayton Area Chamber of Commerce v. Becerra, U.S. District Court for the Southern District of Ohio (Sixth Circuit)
Filed: June 9
This challenge — which was joined by the U.S., Michigan and Ohio chambers of commerce — argues that the law violates the First, Fifth and Eighth amendments of the Constitution.
Plaintiffs filed a motion for a preliminary injunction on July 12 to halt implementation of the drug price negotiations by Oct. 1, when drugmakers are due to sign agreements with CMS to negotiate over the first 10 drugs selected. The Justice Department moved on Aug. 11 to dismiss both the case and the preliminary injunction request.
The chambers must reply to the government motions by Aug. 25, with a final DOJ response due Sept. 8.
National Infusion Center Association v. Becerra, U.S. District Court for the Western District of Texas (Fifth Circuit)
Filed: June 21
PhRMA, the drug industry’s major lobbying group, brought this lawsuit with infusion providers and a colon cancer patient advocacy group.
They argue the law violates the due process clause of the Fifth Amendment and excessive fines clause of the Eighth Amendment by constraining drugmakers’ ability to seek review of pricing decisions and imposing a large excise tax if they decline to participate. They also maintain that the government program “violates the separation of powers and the nondelegation doctrines” of the Constitution, which says Congress can’t delegate its powers to other entities.
PhRMA and the groups filed a motion for summary judgment on Aug.
