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May 16, 2022

ATTORNEY GENERAL RAOUL DEFENDS AFFORDABLE DRUG PRICES

Chicago  — Attorney General Kwame Raoul, as part of a bipartisan multistate coalition of attorneys general, joined two amicus briefs defending affordable drug prices before the United States Courts of Appeals for the 3rd and D.C. Circuits.

Raoul and the coalition filed the briefs defending the actions of the U.S. Department of Health and Human Services in lawsuits filed by drug manufacturers Sanofi SA, Novartis Pharmaceutics, United Therapeutics Corp and NovoNordisk. These cases concern the 340B Drug Pricing Program, adopted by Congress in 1992, which requires manufacturers to offer discounted drug pricing for community health centers, clinics and institutions serving low-income and underserved patient populations. As the attorneys general explain in the briefs, however, many drug manufacturers have unilaterally adopted restrictions on their participation in this program that run counter to the program’s goals. HHS issued opinions finding those restrictions unlawful, and the manufacturers have challenged those opinions in court. Raoul and the attorneys general argue in their amicus briefs that HHS’ actions were lawful and necessary.

“For years, drug manufacturers have not followed the law by failing to provide discounted prices on lifesaving prescription drugs to safety-net medical providers,” Raoul said. “Their actions have strained medical providers in communities already struggling with high-need and limited medical options.”

Raoul and the bipartisan coalition of attorneys general previously urged HHS to hold drug makers accountable for their unlawful actions imperiling access to affordable prescriptions for low-income patients.

Joining Raoul in filing the comment letter are the attorneys general of Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Utah and Vermont.

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