Biden HHS to Appeal Judge’s Order to Scrap Trump-Era Drug Rule

The Health and Human Services department plans to appeal a federal judge’s order to withdraw a Trump-era rule on copay assistance programs that was opposed by drug industry-backed patient groups.

The notice of appeal to the US Court of Appeals for the District of Columbia Circuit was filed Tuesday in the US District Court for the District of Columbia on behalf of the HHS, HHS Secretary Xavier Becerra, the Centers for Medicare & Medicaid Services, and CMS Administrator Chiquita Brooks-LaSure.

In September, US District Judge John D. Bates wrote in an order that the CMS rule (RIN 0938-AT98) appears ...