Medicare drug pricing
Ready, set, motion
The government has filed its first paperwork revealing how it plans to defend Democrats’ new Medicare drug price negotiation program from an onslaught of lawsuits filed by pharmaceutical companies. The filings came on Friday in the Chamber of Commerce’s suit in a district court in Ohio, where the Chamber had requested a preliminary injunction by Oct. 1, my colleague Rachel Cohrs reports. The government opposed the preliminary injunction, and also filed a motion to dismiss the lawsuit entirely.
The Department of Justice argues that the federal government has the right to set drug prices, because other agencies, including the Department of Veterans Affairs, have similar programs. The government also implies that the Chamber doesn’t have standing to file a lawsuit and that participation in the Medicare program is voluntary,
“The public’s interests would be gravely disserved by acceding to Plaintiffs’ premature efforts to take down the entirety of the Negotiation Program—which achieves a longstanding goal of controlling skyrocketing Medicare spending and making drugs more affordable for seniors—before that program even begins,” the government attorneys wrote.
FDA on food
FDA salt debate peppered with racial implications
Patient advocates warn that a recent FDA proposal on salt intake could inadvertently kill those with kidney disease, particularly Black Americans. The problem, they say, is a salt substitute whose use would inevitably be increased — potassium chloride.
The draft regulation, unveiled in April, would let makers of a range of popular food products like ketchup, asiago cheese, and white bread use salt substitutes that were restricted before, Nick Florko reports. But kidney advocacy organizations argue that has dangerous implications for chronic kidney disease patients who can’t properly break down potassium. Too much potassium in the blood can lead to sudden heart failure.
It’s especially tricky because an estimated 90% of people don’t even know they have chronic kidney disease. But experts do know that Black Americans have historically higher rates. Still, kidney advocates are up against a big public health argument: Millions of deaths worldwide are caused by excess salt intake. More from Nick.
Drug shortages
Paging the drug shortage panel
Lawmakers are drafting legislation to stem ongoing shortages of cancer medicines and other drugs. One problem: There’s been no contact with the White House’s group tasked with the very same problem, and it’s not clear whether that panel is prepping policy recommendations of its own, our John Wilkerson reports.
President Biden formed the task force at the beginning of 2023 to deal with persistent drug shortages. The group held a rare in-person meeting with pharmacists and industry experts a little over a week ago, as John scooped. It didn’t provide much clarity. In fact, at least some lawmakers working on drug shortage policies, like Sen. Bernie Sanders (I-Vt.), don’t even know who is running the White House task force.
In the meantime, nearly every hospital pharmacy has reported shortages this summer. A third are rationing, delaying, or canceling treatments and procedures because of drug shortages as a result. More on that here.
