Deep Dive Episode 155 – International Reference Pricing and Negotiation: Yes or No?

Drug prices are a pressing policy issue. On November 20, 2020, President Donald Trump announced two new rules aimed at reducing drug prices for Medicare beneficiaries. These rules use a system known as reference pricing, which ties the price the federal government pays for patented drugs and treatments to the prices other countries pay. These rules are set to take effect in January 2021. Meanwhile, legislation pending in the U.S. House of Representatives and supported by Speaker Nancy Pelosi would create an International Pricing Index.

These policies enjoy bipartisan support, but they also face bipartisan opposition. Some think the Trump rules do not go far enough, and others argue that reference pricing is bad policy regardless.

In this episode, two distinguished experts who have worked and written extensively on this issue, Prof. Adam Mossoff and Dr. Wendell Primus, join us for a discussion of reference pricing, current policy proposals, and future challenges.

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Adam Mossoff

Professor of Law

Antonin Scalia Law School, George Mason University


Wendell Primus

Senior Policy Advisor, Speaker Nancy Pelosi

U.S. House of Representatives


Dean Reuter

General Counsel, Vice President, and Director, Practice Groups

The Federalist Society


Federalist Society’s Intellectual Property Practice Group

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