Drug Price Transparency Rule Tees Up Constitutional Concerns

Trump Administration addresses concerns that the rule violates the First Amendment and exceeds its statutory authority in the final rule, which is strongly opposed by biopharma.

Woman Holding Vitamin D Capsule
Rule Aims For Sunlight On Drug Prices Negotiated By Health Plans • Source: Shutterstock

The recently-issued Trump Administration final rule directing group health plans and health insurance issuers to publicly report pricing information for prescription drugs and other health care items and services includes a lengthy defense of the constitutionality of its requirements in response to stakeholder concerns.

The rule would require plans to make “negotiated” and “historical net” prices available in machine-readable files on an internet website....

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