CMS: Drugmakers’ Possible Injuries Can’t Sustain Drug Negotiation Law Challenge

(January 8, 2024, 2:57 PM EST) -- WILMINGTON, Del. — Agency guidance for how the government selects drugs for inclusion in the Medicare negotiation program complies with the language of the law, the alleged injuries from potential future guidance cannot form the basis of a suit and the fact that drug manufacturers find participation in the program lucrative does not render participation involuntary, the government tells a federal judge in Delaware in a Jan. 5 reply in support of a motion for summary judgment....