Brief of Economists and Scholars of Health Policy in National Infusion Center Association v. Kennedy (5th Circuit)

The amici express support for the Medicare drug price negotiation program and rebut assertions that the program will harm biopharmaceutical innovation. They argue that patents, exclusivity periods, and insurance coverage distort the drug market far from free-market conditions, that continued strong R&D investment and clinical trial activity since the Act’s passage undermine industry claims of innovation harm, and that the program’s structure mirrors fair negotiation processes long used by other federal purchasers.