Fifth Circuit Returns PhRMA Drug Price Suit to Lower Court (2)

Three health trade groups will get another chance to defend their constitutional challenge against a government drug price negotiation program after the Fifth Circuit ruled they have standing to bring the case.

The Pharmaceutical Research and Manufacturers of America, the National Infusion Center Association, and the Global Colon Cancer Association didn’t allege claims that would keep a district court from having jurisdiction over their case against the Medicare Drug Price Negotiation Program, the US Court of the Appeals for the Fifth Circuit ordered Friday.

The groups have been battling the Centers for Medicare & Medicaid Services since June 2023 over ...