Merck said the price negotiations are a 'sham' that compel drugmakers to accept lower prices, according to a lawsuit.
, grants the federal health program that serves older adults and disabled people the authority to negotiate drug prices. The Centers for Medicare and Medicaid Services will select the first 10 drugs to negotiate later this year but price changes won't begin until 2026.
In the lawsuit, Merck said its diabetes drug Januvia will be subject to negotiation beginning September 2023 because it's among the 10 most widely reimbursed drugs within Medicare Part D. The company expects two other drugs − the cancer blockbuster Keytruda and the diabetes medication Janumet − will be subject to Medicare negotiation later.
Retail drugs are eligible only after they have been on the market for nine years without a competing generic version. Physician-administered drugs will have 13 years before being subject to negotiation.∎ Declare price negotiations are"takings" without"just compensation" under the Fifth Amendment.∎ Prevent the federal government from forcing Merck to sign an agreement or accept negotiated prices.
Nicole Longo, a spokesperson with the Pharmaceutical Research and Manufacturers of America, a drug industry group, said Medicare's price negotiations have"taken the most extreme and aggressive approach at every turn."
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