Healthcare & Life Sciences: Drug Pricing Digest — Number 73

Inflation Reduction Act, Healthcare Reform, and General Developments 

CMS SENIOR COUNSELOR DISCUSSES POLICY LANDSCAPE

After recently joining the Latham Drug Pricing and Market Access podcast as a guest, Rujul Desai, Senior Counselor to the Centers for Medicare & Medicaid Services (CMS), spoke on the “CMS and Industry Perspectives: Drug Pricing Policy Developments” panel at the Pricing & Contracting USA conference that recently concluded in Philadelphia.

SUPREME COURT DENIES CERTIORARI IN MANUFACTURER IRA LITIGATION

On May 18, 2026, the Supreme Court denied the petitions from pharmaceutical manufacturers asking the high court to review lower court rulings that had upheld the Medicare drug price negotiation provisions of the Inflation Reduction Act (IRA).

Sources: PoliticoPro (first, second, third), Law360 (first, second, third), BloombergLaw, InsideHealthPolicy, BioWorld, StatNews.

TRUMPRX EXPANDS TO INCLUDE GENERIC DRUGS

On May 18, 2026, President Trump announced that the TrumpRx portal would now include 600 generic drugs, in addition to the brand name drugs previously listed.

Sources: NewYorkTimes, WashingtonPost, BloombergLaw, InsideHealthPolicy, StatNews, GenericsBulletin.

STAKEHOLDERS CONTINUE TO DISCUSS MFN IMPLICATIONS

Stakeholders continue to discuss the implications of the most favored nation (MFN) drug pricing policy, including for ex-US markets.

Sources: BioWorld, BloombergLaw (first, second), PinkSheet (first, second, third), InsideHealthPolicy, StatNews.

Medicaid Drug Rebate Program (MDRP)

No developments to report.

340B Program

REBATE MODEL DEVELOPMENTS

On May 27, 2026, the Health Resources & Services Administration (HRSA) submitted a document to the Office of Management and Budget (OMB) titled “Notice Regarding 340B Rebate Model Pilot Program.” The OMB website gives its status as “pending review.”

Source: 340B Report (first, second, third).

MANUFACTURER CLAIMS DATA REQUIREMENT FOR IN-HOUSE PHARMACY DISPENSES

As discussed in issue No. 64 of this digest, some manufacturers have begun requiring covered entities to submit claims-level data for all their 340B dispenses, including dispenses from in-house pharmacies. Stakeholders continue to discuss these evolving manufacturer policies.

Sources: BloombergLaw, InsideHealthPolicy, 340B Report.

MANUFACTURER CHALLENGES TO STATE 340B LAWS CONTINUE

Drug manufacturer litigation challenging the 340B laws enacted by various states continues.

Sources: BloombergLaw, 340B Report (first, second, third).

Medicare Part B

No developments to report. 

Medicare Part D

State Law Developments  

MARYLAND PDAB ADOPTS SECOND UPL

The Maryland Prescription Drug Affordability Board (PDAB) has adopted an upper payment limit (UPL) for a second drug, after adopting the first UPL in April. We discussed the initial UPL in issue No. 70 of this digest.

Sources: BloombergLaw, StatNews, PinkSheet.

PDAB LEGISLATION VETOED IN VIRGINIA

Virginia Governor Abigail Spanberger vetoed a bill that would create a PDAB in Virginia. We most recently discussed this legislation in issue No. 72 of this digest.

Sources: BloombergLaw, InsideHealthPolicy, StatNews, 340B Report.

DRUG DISTRIBUTOR CHALLENGE TO CONNECTICUT PRICE CAP LAW CONTINUES

Litigation challenging Connecticut’s price cap law continues. We discussed the litigation in issues No. 57 and No. 61 of this digest. 

Source: Law360 (first, second).