Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services administrator (Caroline Brehman/CQ Roll Call via AP Images)

Clar­i­ty want­ed: When can new drug price ne­go­ti­a­tions be chal­lenged in court?

The in­evitable law­suit over the in­com­ing rules around how the CMS plans to ne­go­ti­ate some of the most ex­pen­sive drug prices has the Con­gres­sion­al Re­search Ser­vice al­ready call­ing on Con­gress to be more clear about the types of le­gal chal­lenges it in­tends to pro­hib­it un­der the new law.

Gilead re­cent­ly said that se­lect pro­vi­sions of the In­fla­tion Re­duc­tion Act “may be­come sub­ject to le­gal chal­lenges” even as the CRS points to spec­u­la­tive ar­eas that may be chal­lenged and cer­tain ar­eas that may not be sub­ject to ju­di­cial re­view.

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