"The whole point of the Program is to obtain medicines for Medicare beneficiaries without the need for the government to pay fair market value," BMS wrote in its opening brief.
"In effect, what the Negotiation Program does is marginally reduce the maximum value of a drug patent," stated the P4AD amicus brief.
BMS argued that the IRA not only violates its Fifth Amendment rights due to compulsory discounts but also poses a First Amendment threat by coercively forcing companies to comply.
Despite its short life, the IRA has already been subject to criticism, including a constitutional challenge by the U.S. Chamber of Commerce and scrutiny from the pharmaceutical industry.
#inflation-reduction-act #drug-pricing #pharmaceutical-industry #constitutional-challenges #medicare
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