"The U.S. Court of Appeals for the District of Columbia Circuit struck down the [CMS] rules requiring pharmaceutical companies to include prices in their commercials. Only a few days later, the Washington D.C. District Court upheld the hospital transparency rules issued by CMS.... The main difference? CMS was authorized by Congress under the [ACA] to issue the hospital transparency rule.... [F]or the drug pricing rule, CMS relied on its general authority to issue rules supporting the 'efficient administration' of the Medicare and Medicaid programs." [Merck & Co. v. HHS, No. 19-5222 (D.C. Cir. Jun. 16, 2020); American Hospital Ass'n v. Azar, No. 19-3619 (D.D.C. Jun. 23, 2020)]  MORE >>