Medicare drug price negotiations unlikely to be derailed by lawsuits: UBS
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Medicare drug price negotiations unlikely to be derailed by lawsuits: UBS
Lawsuits brought by big pharmaceutical companies and industry lobbying groups are unlikely to delay Medicare's drug pricing negotiations, Wall Street analysts say.
The industry is anxiously awaiting the Sept. 1 release of the first 10 drugs the Centers for Medicare and Medicaid Services (CMS) will target for new negotiated prices.
The negotiated prices are slated to go into effect in 2026, but many of the companies whose products are suspected to be on the inaugural list have already filed suit against the US Health Department, which oversees CMS, and US Health Secretary Xavier Becerra.
"We believe these strategies are unlikely to result in an intended pause/delay of IRA implementation; conversely, the Department of Justice has criticized the Chamber's request to delay the drug price negotiation process," analysts at UBS wrote in a note to clients on Monday.
Merck (MRK), Johnson & Johnson (JNJ), Bristol-Myers Squibb (BMY), and Astellas Pharma (ALPMY) are among the companies suing, along with trade groups PhRMA and the US Chamber of Commerce. AARP joined in the battle, filing an amicus brief on behalf of HHS on Friday. J&J and Bristol have asked for their lawsuits to be merged, and several have asked for summary judgement, which would avoid a drawn-out trial process.
Various lists have been published in an attempt to guess which products CMS will target.
UBS includes some common assumptions like Merck's diabetes drug Januvia, J&J and Bayer's blood thinner Xarelto, Pfizer (PFE) and Bristol's blood thinner Eliquis, J&J and AbbVie's (ABBV) cancer drug Imbruvica, and Pfizer and Astellas's Xtandi.
Some of these are listed in the lawsuits brought on by the companies who anticipate being targeted.
UBS has also included AstraZeneca's (AZN) Farxiga, Amgen's (AMGN) Enbrel, Astellas's Myrbetriq, and Boehringer Ingelheim's Spiriva, and its Jardiance with Eli Lilly (LLY).
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