Maine Appeals Injunction on Prescription Drug Pricing Law
The state of Maine on Thursday appealed a federal court ruling blocking its new drug pricing law that would allow it to control the cost of prescription drugs for uninsured and underinsured residents.
The first-in-the-nation law would require drug makers to negotiate rebates with the state similar to the deals they cut with the federal government. Companies that refuse could find their products excluded from a list of drugs prescribed for residents enrolled in federal health insurance plans.
The drug industry challenged the law’s constitutionality and U.S. District Judge D. Brock Hornby put the program on hold last month pending a hearing.
Hornby found the arguments of the Pharmaceutical Research and Manufacturers of America “to be overwhelming.”
Maine Atty. Gen. Andrew Ketterer appealed the injunction to the U.S. 1st Circuit Court of Appeals in Boston.
“This case presents complicated legal issues of great importance to the people of Maine,” Ketterer said. “Some of our residents simply cannot afford the drugs they need. We can’t just fold our tents.”
The new drug pricing plan was supposed to take effect Jan. 1.
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