Drug Cost Law

On Friday, May 11, the Trump Administration announced a series of potential policy options that, if implemented, aim to reduce the cost of prescription drugs. The initiative, called American Patients First, is described in the nearly 40-page document that lacks many specifics for the policy options. HHS Secretary Azar provided more detail on some of […]

Read More
  • Legal Challenges of Rx Drug Laws Passed in 2017 Will Shape States’ Future Cost Containment Legislation
    Publications

    As the number of state bills to rein in prescription drug prices grows beyond 150 nationwide in 2018, the first generation of several state laws passed last year are now before the courts. The pharmaceutical industry has consistently challenged drug cost transparency and price gouging legislation passed in 2017 in federal courts. How well these […]

    Read More
  • Can States Regulate Drug Costs without Violating Patent Law? Yes, Here’s Why
    State Health Policy Blog

    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 […]

    Read More
  • 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 […]

    Read More
  • Publications

    When states pass laws designed to control prescription drug costs, the pharmaceutical industry often responds with lawsuits claiming states are hindering interstate commerce and violating the federal Dormant Commerce Clause (DCC). NASHP’s legal experts believe states can craft drug cost policies that can withstand industry challenges. This brief by Anna Zaret and Darien Shankse provides insight and […]

    Read More
  • How States Can Avoid Dormant Commerce Clause Legal Challenges When Regulating Drug Costs
    State Health Policy Blog

    New state laws designed to control the costs of brand-name and generic prescription drugs often face legal challenges from the pharmaceutical industry. These lawsuits can vary depending on the individual state law, but recent industry lawsuits analyzed by the National Academy for State Health Policy (NASHP) share a common legal thread – drug manufacturers and […]

    Read More
  • State Health Policy Blog

    In its May 30, 2017 decision Impression Products, Inc. v Lexmark International Inc., the Supreme Court ruled that patent law cannot be used to prevent the resale of products back into the United States. The Court case specifically concerned printer toner cartridges, but it is an important ruling in the context of the domestic policy […]

    Read More