Jennifer Michael Comments on Pharmaceutical Company Challenge to Anti-Kickback Statute

July 9, 2021
Axios

Bass, Berry & Sims attorney Jennifer Michael provided comments for an article in Axios that examined a pharmaceutical company’s challenge to the federal Anti-Kickback Statute (AKS). The government has interpreted the AKS as prohibiting pharmaceutical companies from subsidizing Medicare beneficiaries’ cost-sharing obligations for the companies’ own drugs. Pfizer is challenging this interpretation in court, and the ultimate ruling could have a significant impact on the drug industry as a whole.

“Because the federal government can’t negotiate [drug prices], the only economic check on the list price is a patient’s cost-sharing,” Jennifer told Axios.

The full article, “The Drug Pricing Lawsuit that Could Blow Up Medicare,” was published by Axios on July 8 and is available online.