Drug Cost Law

Can States Regulate Drug Costs without Violating Patent Law? Yes, Here’s Why

When states pass laws that enable them to regulate prescription drug costs or mandate drug pricing transparency, the pharmaceutical industry always fires back with lawsuits claiming the states are violating federal law. In 2017, the industry sued every state that enacted drug cost containment legislation claiming they had violated myriad federal laws, including the Patent […]

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  • Publications

    This National Academy for State Health Policy white paper, States’ Rights: A Patent Law Analysis of NASHP Rate-Setting Model Act by experts at the University of California Hastings College of the Law, explores why state drug rate-setting legislation and other cost containment approaches do not violate federal patent law and can withstand legal challenges. This […]

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