At least, it won’t be overturned by the US Supreme Court. Endpoints reports:
The Supreme Court says it won’t wade into the pharma industry’s yearslong legal battle over Medicare drug price negotiations.
The justices declined to review multiple cases brought by AstraZeneca, Johnson & Johnson, Bristol Myers Squibb, Novo Nordisk, Novartis and Boehringer Ingelheim…
The drugmakers have challenged the process on a range of constitutional and statutory grounds, including that it restricts their free speech or due process rights. Some companies have also challenged CMS’ interpretation of the Inflation Reduction Act. For example, Novo Nordisk said CMS’ definition of a “qualifying single source drug” unlawfully allowed the agency to negotiate the price for multiple formulations of its Novolog and Fiasp insulin products.
A Supreme Court opinion could have brought some finality to those arguments.
While future administrations could of course modify the Medicare Drug Price Negotiation program in the future, it looks like it will not be struck down by the legal system. The federal government looks to be in the price control business for the long-term.
