Novo Nordisk is latest drugmaker to challenge negotiation program in court.
All of the primary manufacturers of the 10 drugs selected in August for Medicare price negotiations have signed on to participate in the program, the White House said Tuesday.
The 10 drugs selected for negotiation — which include blockbusters like the Bristol Myers Squibb Co. BMY, -0.94% blood thinner Eliquis, Boehringer Ingelheim heart-failure drug Jardiance, and Merck & Co. Inc. MRK, -1.26% diabetes drug Januvia — accounted for $3.4 billion in total out-of-pocket costs for roughly 9 million Medicare enrollees in 2022, the White House said.
New legal challenges to the program are still emerging, with Novo Nordisk on Friday becoming the latest industry player to sue the federal government over the program. The lawsuit alleges in part that regulators violated the law by grouping together products with the same active ingredient and effectively selecting more than 10 individual drugs for the first round of negotiations.
Several drugmakers signaled in recent days that they were signing the negotiation agreements under protest, saying they had little choice because companies that don’t participate may face the excise tax on sales of the selected drug, or alternatively may have to withdraw all their products from the Medicare and Medicaid programs.
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