Curbing Unfair Drug Prices: A Primer for States

Global Health Justice Partnership Policy Paper, August 2017

24 Pages Posted: 27 Nov 2017

See all articles by Aaron Berman

Aaron Berman

Yale School of Public Health

Theodore Lee

Yale University, Law School, Students

Adam Pan

Yale University, Law School, Students

Zain Rizvi

Yale University, Law School, Students

Arielle Thomas

Yale School of Public Health

Date Written: August 8, 2017

Abstract

The high cost of prescription drugs in the United States is unsustainable. The need for legislative action is urgent. To date, however, the federal government has failed to take—and many policymakers have not even considered—meaningful steps to curb drug prices. As often occurs, state legislatures have stepped in to fill the policy vacuum. Recently, path-breaking drug pricing legislation has passed in Maryland, New York, and Nevada. Several other states have considered bills mandating the study of options to lower drug prices. This document aims to inform these state legislative efforts by identifying key steps that states can and should take to reduce drug prices. Intended for legislators, government officials, advocates, and constituents concerned about high drug prices, this document focuses, as state legislatures have, on two promising categories of legislative efforts: (1) unfair pricing bills and (2) transparency and reporting bills.

Keywords: Prescription, Drug Prices, Health, States, Federalism, Trade Secret, Patent Law, Transparency

JEL Classification: I1

Suggested Citation

Berman, Aaron and Lee, Theodore and Pan, Adam and Rizvi, Zain and Thomas, Arielle, Curbing Unfair Drug Prices: A Primer for States (August 8, 2017). Global Health Justice Partnership Policy Paper, August 2017, Available at SSRN: https://ssrn.com/abstract=3071003

Aaron Berman

Yale School of Public Health ( email )

Theodore Lee (Contact Author)

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States

Adam Pan

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States

Zain Rizvi

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States

Arielle Thomas

Yale School of Public Health ( email )

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