Member Rachel Alexander spoke to Bloomberg Law about the upcoming decision by the Fifth Circuit Court of Appeals regarding a case brought by the Pharmaceutical Research and Manufacturers of America (PhRMA), the National Infusion Center Association (NICA), and the Global Colon Cancer Association (GCCA) against the Biden administration's Medicare Drug Price Negotiation Program.
Rachel said, "Despite the case being the first to reach a circuit court among the several lawsuits fighting the program, the issues on appeal are 'unique' to NICA and will have relatively little impact on the other cases. The Fifth Circuit's decision on the pending appeal is significant as it will determine whether this case, the only one challenging the Medicare Drug Negotiation Program currently filed in the Fifth Circuit, survives procedural challenge. If the court determines that NICA has standing and that the claims do not need to be administratively exhausted, then the case will be sent back to district court for further proceedings on the merits of the underlying claims challenging the negotiation program."
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