The Department of Justice has filed an appeals court brief supporting the right of Medicare officials to negotiate prescription drug prices, a sign that some consumer advocates said suggests the Trump administration is willing to maintain the controversial program.
The court filing was made in a case brought by Novartis, one of nearly a dozen large pharmaceutical companies that have filed lawsuits challenging Medicare negotiations even as the effort proceeds. As with the other drugmakers, Novartis argues the program, which is designed to lower drastically costs for the federal health agency, is unconstitutional.
“It’s a very good sign, for now,” said Michael Lieberman, an attorney at Fairmark Partners, which has filed briefs in the various cases on behalf of Patients for Affordable Drugs, an advocacy group. “The brief defends the program and makes the same arguments as the briefs filed by the DOJ in the last administration (here is one). There’s no indication from this brief that DOJ changed its position or intends to do so.”
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