Maine Appeals Ruling on Rx Drug Pricing Law
Maine officials yesterday appealed a preliminary injunction against the state's new drug pricing law, which would control prescription drug prices for uninsured and underinsured residents, the AP/Los Angeles Times reports. Last month, U.S. District Judge D. Brock Hornby issued the injunction after the Pharmaceutical Research and Manufacturers of America argued that the law was unconstitutional and violated the Interstate Commerce Act (AP/Los Angeles Times, 11/10). Enacted in May, the Maine Rx Program would have allowed the government to negotiate lower medicine prices for Maine residents who lack prescription drug coverage. Drug companies found guilty of overcharging for drugs or restricting supplies would have suffered fines (California Healthline, 10/27). Maine Attorney General Andrew Ketterer (D) appealed the ruling in the U.S. 1st Circuit Court of Appeals in Boston. Ketterer said, "This case presents complicated legal issues of great importance to the people of Maine. Some of our residents simply cannot afford the drugs they need. We can't just fold our tents" (AP/Los Angeles Times, 11/10). The legal wrangling over Maine's law is being "closely followed" by other states as they may pass similar laws if the Maine law is upheld (AP/Washington Post, 11/10).
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