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Constitutional Law - Essay Example

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Constitutional Law

Maine. According to Ranjan (2002), "The Pharmaceutical Research and Manufacturers of America ('PhRMA')filed suit in the District Court of Maine."
Ranjan (2002) states that PhRMA argued that: "(1) the prior authorization provision was preempted by federal Medicaid law; and (2) the mandatory rebate provision was an extraterritorial regulation in violation of the dormant commerce clause of the Constitution."
PAM's claim that the Drug Act is unconstitutional seems basically correct. The crux of the argument is that basically prior authorization would seem to limit, at least in part or in full, access to drugs for Medicaid patients and even deny Medicaid patients the safest and most efficacious drug therapy. ...Show more

Summary

PAM is an association of 50 drug manufacturers all of whom are incorporated and reside outside of State X but do business in State X. Each manufacturer has refused to enter into the Drug Act rebate agreements, most drugs being sold over state lines.
PAM claims that a prior authorization severely curtails access to the drugs for Medicaid patients, sharply reducing the drug's market share and sales as the process causes patients to use competing drugs from manufacturers that participate in the rebate and are not subject to prior approval…
Author : fdouglas
Constitutional Law Essay essay example
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