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HHS Finalizes Direct-to-Consumer Ad Drug Price Transparency Rule | Patient Engagement HIT

May 08, 2019 – HHS has finalized its rule requiring drug manufacturers to disclose drug prices within direct-to-consumer advertisements, a move that comes with the agency’s efforts to improve price transparency and tackle high out-of-pocket patient drug costs.

Drug manufacturers will be required to disclose the list price – the cost of the drug before health insurance or other subsidies come into play – if that price is greater than or equal to $35 for a usual prescription amount of that drug.

“Requiring the inclusion of drugs’ list prices in TV ads is the single most significant step any administration has taken toward a simple commitment: American patients deserve to know the prices of the healthcare they receive,” HHS Secretary Alex Azar said in a statement.

“Patients who are struggling with high drug costs are in that position because of the high list prices that drug companies set. Making those prices more transparent is a significant step in President Trump’s efforts to reform our prescription drug markets and put patients in charge of their own healthcare.”

The agency proposed the move in October 2018 to a maelstrom of pharmaceutical industry pushback. PhRMA, the industry’s leading lobbying group, lambasted the decision to require price transparency in direct-to-consumer advertisements. Specifically, the group threatened a First Amendment case against HHS regarding the policy.

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HHS Finalizes Direct-to-Consumer Ad Drug Price Transparency Rule.

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