Gilead Dodges Claims That Hep C Drug Prices Violate ACA Anti-Discrimination Provision

Gilead Sciences Inc. won’t face trial on a claim that its pricing scheme for its patented hepatitis C drugs violates the Affordable Care Act anti-discrimination provision, a federal trial court said (Se. Pa. Transp. Auth. v. Gilead Scis., Inc., E.D. Pa., 2:14-cv-06978-SD, 5/4/15).

Although dismissing May 4 the claims against the drugmaker without giving the plaintiffs leave to replead, the U.S. District Court for the Eastern District of Pennsylvania became the second federal trial court to recognize the existence of a private right of action under ACA Section 1557, which is codified at 42 U.S.C. ...