Health Affairs  |  September 29, 2023

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The legal fight over the Medicare drug price negotiation program enacted under the Inflation Reduction Act (IRA) has entered a new phase. As we covered in previous articles here, the U.S. Department of Health and Human Services’ (HHS) authority to directly negotiate the price Medicare pays for a few single-sourced, high-cost drugs faces a slew of constitutional and statutory challenges. Merck is one of multiple pharmaceutical companies and trade associations to file lawsuits across the country, several of which involve similar claims over the constitutionality of the IRA drug negotiation program.

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