HHS Seeks Dismissal of Suit, Lambasts Chamber for Fighting IRA’s Pricing Program

In a recent court filing, HHS lambasted the U.S. Chamber of Commerce’s recent call to slow down implementation of pricing negotiations within the Inflation Reduction Act (IRA), calling the group’s efforts “hyperbolic” and accusing it of just trying to lobby Congress in court to stop the Act’s efforts to drive down the cost of prescription drugs.

The IRA’s new drug pricing negotiations will begin Sept. 1, allowing HHS to negotiate price discounts on 10 of the most expensive single-source drugs in Medicare’s Part D program in the first year, building up to about 60 drugs from both Parts B and D by 2030.

In the months leading up to the Sept. 1 launch date, PhRMA, Merck, Bristol Myers Squibb, Janssen and Astellas have all filed various lawsuits calling the pricing negotiations unconstitutional price controls.

In July, the U.S. Chamber and three other chambers filed a motion for a preliminary injunction to prevent implementation of the IRA’s drug price negotiation program, claiming it violates the Fifth Amendment Due Process Clause.

Read HHS’ filing here.

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