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President Issues Executive Orders to Lower Drug Prices – Bio-Industry Groups Oppose. President Trump issued a series of Executive Orders (“EOs”) related to drug pricing. Several of the EOs seek to restart stalled or withdrawn policy initiatives previously announced by the Administration:
- The Executive Order on Lowering Prices for Patients by Eliminating Kickbacks to Middlemen instructs the Secretary of Health & Human Services (HHS) to issue rulemaking excluding rebates negotiated with Pharmacy Benefit Managers on behalf of Medicare Part D and Medicaid Managed Care plans from safe harbor protections under the anti-kickback statute. Of note, the EO includes a provision requiring the Secretary to confirm that any rulemaking would not increase federal spending, Medicare beneficiary premiums, or patients’ total out-of-pocket costs. This EO is curious given that the Administration withdrew its previous rebate rule over concerns that the rule would increase beneficiary premiums and Medicare costs.
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