The Challenges Facing Trump's Drug Pricing Order

Law360 (September 25, 2020, 5:04 PM EDT) -- On Sept. 13, President Donald Trump issued a long-anticipated executive order on international reference drug pricing, signaling that rulemaking on the prices that the Medicare program pays for drugs may be underway again. The executive order introduces some new concepts for international reference drug pricing, including, significantly, application to Medicare Part D as well as Part B, and an even lower international reference price.

However, like its predecessor pronouncements, the executive order provides no specifics for implementation, leaving it unlikely that any changes to the Medicare program contemplated by the executive order will go into effect, if ever, before the 2020 election, by the...

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