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Merck sues Biden administration over Medicare drug price negotiations
CNBC ^ | June 6, 2023 | By Spencer Kimball

Posted on 06/06/2023 6:39:26 AM PDT by Oldeconomybuyer

Global drugmaker Merck on Tuesday sued the Biden administration over Medicare’s new powers to substantially reduce drug prices for seniors under the Inflation Reduction Act, the opening salvo in the pharmaceutical industry’s efforts to weaken the program.

In a scathing complaint filed in federal district court, Merck excoriated the negotiation process as a “sham” and “tantamount to extortion.”

The drugmaker accused the federal government of employing what the company described as an unconstitutional scheme to take private property for public use without just compensation in violation of the Fifth Amendment.

The company asked the U.S. District Court for the District of Columbia to block HHS from compelling the drugmaker to enter into any agreement under the program to slash prices and void any agreement the company has been forced to enter into.

“Under the IRA, the Government will requisition Merck’s patented pharmaceutical products and transfer them to Medicare beneficiaries through forced sales,” the company’s legal team wrote in the complaint.

“Those forced sales—coerced by the threat of draconian penalties that the Government has admitted no manufacturer could ever rationally afford to pay—will deprive Merck of possession and title to its personal property,” Merck’s attorneys wrote.

(Excerpt) Read more at cnbc.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 2020; 2024; biden; bigpharma; communism; hhs; inflationreduction; marxism; medicare; merck; trump
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“A system of government in which the state plans and controls the economy and a single, often authoritarian party holds power, claiming to make progress toward a higher social order in which all goods are equally shared by the people.”
1 posted on 06/06/2023 6:39:26 AM PDT by Oldeconomybuyer
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To: Oldeconomybuyer

The gooberment wants to pay them too much right?

I thought so.


2 posted on 06/06/2023 6:43:41 AM PDT by Sequoyah101 (Procrastination is just a form of defiance.)
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To: Oldeconomybuyer

Well, that’s what Socialists do...


3 posted on 06/06/2023 6:43:57 AM PDT by Democrat = party of treason
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To: Oldeconomybuyer

Guess the schmoize lobby didnt work out this time.


4 posted on 06/06/2023 6:45:44 AM PDT by Sequoyah101 (Procrastination is just a form of defiance.)
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To: Oldeconomybuyer

They keep sending millions to Democrats campaigns.


5 posted on 06/06/2023 6:45:48 AM PDT by 1Old Pro
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To: Oldeconomybuyer

Merck is free not to sell to them if they don’t like their offer.


6 posted on 06/06/2023 6:47:44 AM PDT by proxy_user
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To: Oldeconomybuyer; All
How is the Biden plan substantially different from the Trump plan to require favored nation pricing where Medicare would be required to negotiate prices no worse than any other nation for the same drug? Big pharma ran ads attacking Trump for his plan in 2020.

Trump’s argument was the companies were setting the prices themselves through negotiations abroad and they could just charge everyone else a bit more and find a fairer price for the United States rather than gouging us as a “get healthy” market.

Big Pharma complained they would have to stop innovating on drugs if the US didn’t continue to pay a premium.

7 posted on 06/06/2023 6:49:09 AM PDT by newzjunkey (We need a better Trump than Trump in 2024)
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To: 1Old Pro

“They keep sending millions to Democrats campaigns.”

And the Dems betrayed them. This fight is important, as the slippery slope leads to a Canadian system. Investigate for yourself how much drug development occurs in Canada. People can criticize Pharma, but they have invented many important therapeutics over the past 75 years, and quality of life for those with severe illness has been greatly improved. Socialize Pharma (which is anti-conservative at its heart) and we become Europe and Canada, replete with anemic R&D.


8 posted on 06/06/2023 6:50:27 AM PDT by BlueStateRightist (Government is best which governs least.)
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To: BlueStateRightist
People can criticize Pharma, but they have invented many important therapeutics over the past 75 years

Without a doubt.

9 posted on 06/06/2023 6:52:04 AM PDT by 1Old Pro
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To: Oldeconomybuyer

The payoff was in the Obamacare deal-

No Negotiation on Drug Prices got all the Pharma Mafia on board - they flooded DC with money and Agency Capture.


10 posted on 06/06/2023 6:53:11 AM PDT by Macoozie (Handcuffs and Orange Jumpsuits)
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To: Oldeconomybuyer

“substantially reduce drug prices”

and at the same time, the rate of government spending never goes down.


11 posted on 06/06/2023 6:59:06 AM PDT by fruser1
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To: Oldeconomybuyer

Ha! Right.....this is nothing but ANOTHER PAY OFF avenue....from XiDen to BigPharma.

Don’t be distracted by the “MediScare” tactic.


12 posted on 06/06/2023 7:03:35 AM PDT by Jane Long (What we were told was a conspiracy theory in ‘20 is now fact. Land of the sheep, home of the knaves)
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To: Macoozie

Bingo.


13 posted on 06/06/2023 7:07:57 AM PDT by RushIsMyTeddyBear ("Equity" = "All animals are equal. Some are more equal than others.")
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To: BlueStateRightist

“they have invented many important therapeutics over the past 75 years”

Drug development is hitting the point of diminishing returns to society.

Only a small fraction of 1% of Americans would ever need most potential new breakthrough drugs.

This small fraction may benefit greatly, but should American families on average pay say $500/year, $5,000/decade for drugs that are highly unlikely to benefit a member of their family?

In many cases drug developing is like molecular locksmithing. This is not like drug development when I was young, which was a blind hit or miss business.

Nowadays, drug developers generally know their target exactly. The risk is that their molecule might inadvertently screw up another biological pathway.

Society does need better cancer drugs and Biden is the poster president for the need for dementia drugs. These are going to require costly R&D. These large volume drugs will yield billions in profits even if sold at reasonable pricing.


14 posted on 06/06/2023 7:20:13 AM PDT by Brian Griffin
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To: Oldeconomybuyer

In France an entity offers up a recommended price for a drug.

If the drug company accepts the pricing offer, French insurers must pay for the drug.

If the drug company refuses the pricing offer, French insurers need not pay for the drug, but the drug company is free to sell it to needy French at prices these needy French are willing to pay out of their own pocket.


15 posted on 06/06/2023 7:26:47 AM PDT by Brian Griffin
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To: Oldeconomybuyer

The original LBJ Medicare did not pay for drugs at all.


16 posted on 06/06/2023 7:35:26 AM PDT by Brian Griffin
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To: Oldeconomybuyer

“Average annual cost-sharing liability exceeded $10,000 for more than 1 in 10 Part B drugs in this analysis (13% or 36 drugs). While some of the highest-liability drugs were used by relatively few beneficiaries to treat rare conditions, two of these drugs were used by more than 10,000 beneficiaries in 2019: Opdivo, a treatment for several types of cancer used by 30,300 beneficiaries, with average annual cost-sharing liability of $10,200; and Darzalex, a treatment for multiple myeloma used by nearly 12,000 beneficiaries, with average annual cost-sharing liability of $12,900.”

https://www.kff.org/medicare/issue-brief/medicare-part-b-drugs-cost-implications-for-beneficiaries-in-traditional-medicare-and-medicare-advantage/

The “$10,000...36 drugs” means they cost the patient and the federal government together over $50,000/year/patient.

How many such patients would or could pay $50,000 for a drug out of their own pocket?


17 posted on 06/06/2023 7:41:44 AM PDT by Brian Griffin
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To: Oldeconomybuyer

The “negotiation” system that really is really a coercion system is a kluge.

Perhaps an excise tax system would be better. If the average EU selling price is $30,000/year/patient and the US price is $70,000/year/patient, a tax of $40,000 would be due.

The DC people got the idea of ‘negotiation’ from the VA system, where, because of low patient volume, the drug companies were willing to bite and not fight.


18 posted on 06/06/2023 7:48:48 AM PDT by Brian Griffin
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To: Oldeconomybuyer

“Under the IRA, the Government will requisition Merck’s patented pharmaceutical products and transfer them to Medicare beneficiaries through forced sales”

Is there any reason to doubt that the federal government has eminent domain over intellectual property as well as real property?

The transistor and color TV patents were made subject to compulsory licensing by federal action.

Music is still subject to compulsory licensing.


19 posted on 06/06/2023 7:59:33 AM PDT by Brian Griffin
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To: newzjunkey

This.


20 posted on 06/06/2023 8:44:39 AM PDT by pas
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