Rate Setting

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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  • Maryland Lawmakers Submit Drug Cost Review Bill Based on NASHP’s Model Legislation
    State Health Policy Blog

    ANNAPOLIS — State lawmakers are scheduled to introduce a bill today that empowers Maryland to regulate prescription drug costs by evaluating the affordability of certain drugs and imposing limits on what the state and commercial health plans will pay them. Based on model legislation created by the National Academy for State Health Policy (NASHP), the […]

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  • State Legislative Action on Pharmaceutical Prices
    Maps

    *Updated May 18, 2018* Find out the status of state legislation to rein in the cost of prescription drugs below. Search by the type of legislation using the category button or click on the map to view all drug cost bills in a particular state. Click here to view a 2018 chart listing legislation by state. […]

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  • 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 […]

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  • 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 […]

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  • State Health Policy Blog

    States are searching for new and innovative approaches to handle the rising cost of prescription medicines – both the sudden spike in spending that comes with a new high-cost treatment and the ongoing challenges of regular, inexplicable, price hikes for all covered drugs. The United States has the highest prescription drug prices in the world. […]

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  • States and the Rising Cost of Pharmaceuticals: A Call to Action
    Publications

    As part of the 29th Annual State Health Policy Conference, held 17-19 in Pittsburgh, PA, NASHP released findings from our Pharmacy Costs Work Group aimed at addressing the increasingly rising costs of pharmaceuticals.  The solutions offered in the newly released findings serve as a toolbox for states. While they recognize the value of the pharmaceutical industry, state policymakers […]

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  • Publications

    States are significant purchasers of health care for Medicaid, inmates in correctional facilities, and public employees. Despite considerable efforts to maintain affordability, drug pricing continues to vex state budgets. While Medicaid is the largest single health expenditure in state budgets, spending on health care for public workers including state employees and retirees, legislators, judicial employees, […]

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