Bloomberg Law
March 23, 2023, 7:47 PM

HHS, Agencies Sued Over Drug Price Transparency Rule Deferral

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

Three federal agencies violated administrative rulemaking procedures when they announced that they wouldn’t begin enforcing Transparency in Coverage rule provisions on their effective date, a new lawsuit says.

The complaint filed in the US District Court for the Middle District of Florida on Thursday claims that the Health and Human Services, Labor, and Treasury Departments were required to engage in notice-and-comment rulemaking before they indefinitely suspended provisions that required health plans and issuers to publish machine-readable files on their websites containing information about certain prescription drug prices in dollar amounts.

Informal “frequently-asked-questions” documents in which the agencies deferred enforcement of ...

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