Merck Price Negotiation Lawsuit May Face Same Obstacles as 340B Takings Claims
Bill of Health
JUNE 15, 2023
By Laura Dolbow Merck recently filed a lawsuit that challenges the constitutionality of the Medicare price negotiation program created by the Inflation Reduction Act. Merck argues that this form of price regulation charts a “ radical new course ” for Medicare that violates the Takings Clause of the Fifth Amendment.
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