Court strikes down Trump-era rule that allowed health insurers to broadly use copay accumulators

A U.S. judge has struck down a Trump administration rule that allowed health insurers not to count copay assistance offered by drug companies toward out-of-pocket costs, a victory for advocacy groups that argued the rule harmed patient health.

At issue is the complex and often opaque health insurance system in the U.S., which has prompted long-running battles between drugmakers and insurers over the cost of prescription medicines. In this instance, the focus of the case was on a wonky, but significant tool called copay accumulators, which are used by health plans to blunt the cost of medicines prescribed to their beneficiaries.

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The story begins with copay assistance programs, which drugmakers have offered for years to help patients afford medicines by mitigating out-of-pocket and deductible costs. Health plans counter that such assistance — generally, in the form of copay coupons or cards — is just a marketing tool used to direct consumers to higher-priced drugs, which eventually raise costs to the entire health care system.

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