Kelly Cleary Authors Blog Post on Possible Executive Action on Drug Pricing

Akin Gump health care and life sciences partner Kelly Cleary has co-authored a blog post for the USC Schaeffer Center for Health Policy, titled “Are We Gearing Up for a Drug Rebate Rule Instant Replay?” The article addresses a rumored executive order on drug pricing “that would remove the safe harbor for rebates paid by drug companies to pharmacy benefit managers and replace it with a new safe harbor for discounts going directly to patients at the pharmacy counter.”

Cleary and her co-author, a senior fellow at the Schaeffer Center, look at why the so-called rebate rule, first reported dead last year, may still have some hope for survival. The Department of Health and Human Services, they say, could still “legally send a final rule responsive to the comments received on the original Notice of Proposed Rule Making to the White House for review and approval.” If that were to happen, they add, “there is at least some likelihood that a final rule could be published and implemented within the first term of the Trump Administration.”

To read the entire blog post, please click here.