FGA v. HHS: If President Biden wants to lower drug costs, enforce the rules on the books
- BY FGA
President Biden isn’t as serious about lowering drug costs as he claims to be.
If he were, he’d enforce the rules on the books. Specifically, the Trump-era regulation that requires health insurance companies and group health plans to be transparent about the costs of drugs in a way that’s easy for the public to access and understand. This disclosure requirement would make it easier for patients to make informed decisions about their care and would drive innovation within the insurance industry—ultimately lowering the cost of health care.
This rule was a game changer for health care, and something worth celebrating. So why did President Biden order his agencies to refuse to enforce it?
Here’s the thing: Refusing to enforce a legislative rule on the books without following the formal process of withdrawing or amending the rule (including a notice and comment period) is a violation of federal law.
So, FGA is suing the Biden administration. FGA is asking the federal court to order the administration to follow the law and provide Americans the transparency they need to make informed decisions about their health care. By forcing the Biden administration to follow the law, we’re working to promote a free-market solution that will help drive down the price of prescription drugs.
The president can threaten and coerce drug companies into artificially lowering their prices, but it’s not a serious solution to a serious problem. Without true competition and transparency, drug prices will continue to rise as they have steadily for decades. It’s time for the Biden administration to enforce the transparency rule without exception or delay. The American people deserve it, and the law requires it.
For more on FGA’s lawsuit against HHS: