Comments in Response to HHS, CMS: Regulation to Require Drug Pricing Transparency

December 17, 2018

Re: Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency Proposed Rule CMS-4187-P

The Drug Pricing Rule is fatally flawed in two principal ways. First, CMS lacks the statutory authority to regulate the subject matter of the proposed Rule, pharmaceutical market efficiency. Second, even if CMS has the authority to regulate the subject matter, it lacks the statutory authority to implement the proposed regulatory means, restricting television advertisements.

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