Fifth Circuit Weighs Health Groups’ Standing in Drug Price Plan

The Fifth Circuit weighed in Wednesday on the procedural process for Medicare reimbursements and whether participation is voluntary in President Joe Biden’s government drug price-setting program.

Judge Jennifer Walker Elrod of the US Court of Appeals for the Fifth Circuit pressed the US Department of Justice, representing the Medicare agency, on why plaintiffs challenging the Medicare Drug Price Negotiation Program must go through a reimbursement process to get relief.

“This is not a challenge for Medicare reimbursement. This is challenging to a novel, unprecedented price-setting program in an industry that the government is the 800-pound gorilla, the purchaser with the ...