Pay-For-Delay Ban Dropped From Health Care Bill

Law360, New York (March 18, 2010, 4:21 PM EDT) -- Congress has elected to leave out a proposed ban on “pay-for-delay” settlements between generic and brand-name drugmakers from its health care reform package, a policy idea beloved by consumer advocates but vigorously opposed by pharmaceutical industry interests.

The provision will not pass muster under Congress' rules for reconciliation that will be used to pass the ultimate version of the legislation, said Ashley Glacel, an aide to Sen. Herb Kohl, D-Wisc., on Thursday.

“While pay-for-delay does save money, that's its secondary effect,” she said. “Its primary purpose...
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