Colorado Board’s Vote on ‘Unaffordable’ Drug Sets Up Litigation

Colorado’s first-in-the-nation vote to pursue a cap on how much health plans pay for a prescription drug brings the state a step closer to facing litigation, a result analysts say is inevitable for states attempting to rein in the cost of medicines.

The Colorado Prescription Drug Affordability Board voted Feb. 23 to move ahead with rulemaking to establish an upper payment limit for Amgen Inc.‘s arthritis drug Enbrel, a week after the five-member board determined the drug is “unaffordable” for Colorado patients.

The board has declined to pursue upper payment limits for Gilead Sciences’ HIV medication Genvoya and Vertex ...