HHS selects 10 drugs for government price setting under Medicare

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HHS selects 10 drugs for government price setting under Medicare
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The Biden administration on Tuesday selected 10 drugs that will be part of a historic first round of price negotiation through Medicare, including the blood thinner Xarelto and Type-2 diabetes drugs Jardiance and Januvia.

and Medicaid Services had until Sept. 1 to release the inaugural list of drugs subject to negotiations but released a few days early.

Merck, for instance, says the program violates Fifth Amendment protections against the government seizure of property without just compensation. It also alleges First Amendment compelled-speech doctrines by forcing drug companies to smile and pretend they took part in a voluntary process. “However, there is no way to know if it is likely to be fewer cancer drugs or Alzheimer’s treatments because the administration has not examined the issue. It is a well-known fact that in other countries with similar policies, patients have access to fewer treatments and longer wait times to get treatment,” U.S. Chamber Executive Vice President and Chief Policy Officer Neil Bradley said.

Some categories of drugs are excluded from the negotiation process, including drugs that have a generic of biosimilar available, and small-molecule drugs that are less than nine years from the approval date and biological products that have been on the market for less than 13 years.

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