JOURNAL ARTICLE

The Constitutionality of Medicare Drug-Price Negotiation under the Takings Clause.

  • Published In: Journal of Law, Medicine & Ethics, 2023, v. 51, n. 4. P. 961 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Bhargava, Raj; Brown, Nathan; Kapczynski, Amy; Kesselheim, Aaron S.; Lim, Stephanie Y.; Morten, Christopher J. 3 of 3

Abstract

In recent months, pharmaceutical manufacturers have brought legal challenges to a provision of the 2022 Inflation Reduction Act (IRA) empowering the federal government to negotiate the prices Medicare pays for certain prescription medications. One key argument made in these filings is that price negotiation is a "taking" of property and violates the Takings Clause of the US Constitution. Through original case law and health policy analysis, we show that government price negotiation and even price regulation of goods and services, including patented goods, are constitutional under the Takings Clause. Finding that the IRA violates the Takings Clause would radically upend settled constitutional law and jeopardize the US's most important state and federal health care programs. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Journal of Law, Medicine & Ethics. 2023/12, Vol. 51, Issue 4, p961
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:1073-1105
  • DOI:10.1017/jme.2024.10
  • Accession Number:176011192
  • Copyright Statement:Copyright of Journal of Law, Medicine & Ethics is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Looking to go deeper into this topic? Look for more articles on EBSCOhost.