There’s a federal law to lower drug prices—and Louisiana may just use it
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Rachel Sachs, a law professor at Washington University in St Louis, told the KHN that this makes a good argument for summoning 28 U.S.C. § 1498. “The case is strong,” she said.
If the law is used, the government could contract with a generic drug manufacturer to make cheap versions of hepatitis C drugs, such as sofosbuvir and ledipasvir, sidestepping Gilead and its ilk. But for that to happen, Health and Human Services Secretary Tom Price would have to sign off on the move. Though Price has said he is committed to making drugs affordable, he has also advocated for less government involvement in healthcare.
Still, as Sachs notes, "The federal government has a direct financial interest in controlling hepatitis C."
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bioethics fda health care finance health care reform health law policy pharmaceuticals rachel sachs regulation