Kelly Cleary Quoted in Law360 Article on Potential Health Policy Changes in Biden Admin.

Law360 has quoted Akin Gump health care and life sciences partner Kelly Cleary in the article “4 Key Areas As Biden Sets New Health Policy Path In 2021.” The article looks at how President-elect Joe Biden, once he takes office, may either follow or abandon some of President Trump’s health policies.

One area of note, according to Law360, pertains to drug pricing, whose fate could be determined by the results of this week’s two Senate runoff elections in Georgia. If Democrats win both races and gain a narrow majority in the Senate, the article says they may be able to enact ambitious legislation on drug prices, including a possible ban on drugmaker rebates to pharmacy benefit managers.

As the article notes, the rebate rule does not take effect until 2022, and pharmacy benefit managers might first press the Biden administration to withdraw the rule before resorting to litigation.

“They could possibly see what the new administration thinks about it. And if the new administration might be willing to revisit it, [it] certainly can do so,” stated Cleary, a former Deputy General Counsel at the Department of Health and Human Services.