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Mercalis (formerly TrialCard) Files Brief Supporting PhRMA Lawsuit Against CMS Final Rule on Manufacturer Coupons and Best Price

February 23, 2023

On January 19, 2022, Mercalis (formerly TrialCard) filed an amicus curiae brief in the United States District Court for the District of Columbia in support of Plaintiff Pharmaceutical Research and Manufacturers of America’s (PhRMA) lawsuit challenging the Centers for Medicare and Medicaid Services (CMS) final rule regarding pharmaceutical manufacturer coupon programs and Best Price.

CMS’s final rule fundamentally threatens access to pharmaceutical therapy and undermines patient affordability of those therapies. The consequences of the rule for patients will be massive disruptions in access to needed therapies and dramatically increased costs for the healthcare system.

Having supported over 400 life sciences organizations in delivering access and affordability programs that have helped nearly 36 million patients receive over $22 billion in branded drug savings to date, Mercalis (formerly TrialCard) is uniquely positioned to assist the Court in understanding how CMS’s rule is operationally infeasible and would bring about disturbing ramifications for patients.

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