Emerging Consensus for Legal Action on Pharmaceutical Pricing?

Abstract

The United States is an outlier compared to other high-income countries in its relative lack of government oversight and regulation of pharmaceutical pricing. However, the political consensus may be shifting in favor of some degree of price regulation. Across political parties, federal and state elected officials and candidates for office are increasingly likely to accept as true that U.S. pharmaceutical prices are excessively high. While proposals vary, certain key themes are emerging: the need for more transparency in pricing, particularly in regard to the relationships between pharmacy benefit managers and state Medicaid programs; recognition that the existing patent system is being misused; the need to protect and incentivize generic production; and recognition of the arbitrariness of certain pricing structures. The presentation will highlight these key themes, with reference to legal strategies proposed and under consideration in different jurisdictions