Wendy Chow spoke to Law360 about new rulings and lawsuits across the health care industry in the first half of 2023.
A key issue to watch is whether the Centers for Medicare & Medicaid Services (CMS) can convince courts that negotiations are akin to other conditions that companies must accept when billing taxpayer-funded programs.
“One of the most significant hurdles…is whether the plaintiffs can successfully challenge the long-standing argument by the government that CMS is properly regulating the Medicare program as a voluntary program,” Wendy said.
She added: “Drug companies rightfully point out that removing products from the Medicare program is a complicated and drawn-out process that would also affect millions of Medicare patients who could be left without medications. How the courts may address this question with a long history of precedent will be one point to watch.”
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