At least, it won’t be overturned by the US Supreme Court. Endpoint Report:
The Supreme Court says it won’t get involved in the pharma industry’s years-long legal battle over Medicare drug price negotiations.
Judges declined to review several cases brought by AstraZeneca, Johnson & Johnson, Bristol Myers Squibb, Novo Nordisk, Novartis and Boehringer Ingelheim…
Drug manufacturers have challenged this process on several constitutional and statutory grounds, including that it restricts their free speech or due process rights. Some companies have also challenged CMS’s interpretation of the Inflation Reduction Act. For example, Novo Nordisk said that CMS’s definition of “eligible single source drug” unlawfully allowed the agency to negotiate the price for multiple formulations of its Novolog and Fiasp insulin products.
The Supreme Court’s opinion could give some finality to those arguments.
Although the Administration could certainly modify the Medicare Drug Price Negotiation Program in the future, it seems unlikely that it will be struck down by the legal system. The federal government appears to be in the price control business for the long term.
