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D.C. Court of Appeals Invalidates CMS Rule Requiring Disclosure of Drug Prices in TV Ads (PDF)
U.S. Court of Appeals for the District of Columbia Circuit Link to more items from this source
June 18, 2020

19 pages. "In May 2019, [CMS] published a rule that broadly requires drug manufacturers to disclose in their television advertisements the wholesale acquisition cost of many prescription drugs and biological products for which payment is available under Medicare or Medicaid ... The Department acted unreasonably in construing its regulatory authority to include the imposition of a sweeping disclosure requirement that is largely untethered to the actual administration of the Medicare or Medicaid programs. Because there is no reasoned statutory basis for its far-flung reach and misaligned obligations, the Disclosure Rule is invalid and is hereby set aside." [Merck & Co. v. HHS, No. 19-5222 (D.C. Cir. Jun. 16, 2020)]

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