Health Payer Specialist spoke to Member Theresa Carnegie about implications resulting from the Biden administration’s plan to place drugs in the Medicare program under price negotiation.
Theresa said, "They are forum shopping, looking for judges that will be favorable." She continued, "Their legal strategies are not dramatically different, they are primarily based on constitutional rights or violations of the Administrative Procedures Act. The plaintiffs appear to be looking for a judge willing to file a national injunction to halt the program. Further, by filing in six different court circuits, they might find judges with opposing decisions, a dispute that would have to be resolved by the Supreme Court."