George Mason University Antonin Scalia Law School

The Growing Use of State Government Disclosure and Reporting Requirements for Pharmaceutical Pricing and Costs

Event Details

  • Date:
  • Division: Civil Justice Academy

The pharmaceutical industry is in the headlines daily for its record-breaking efforts developing COVID-19 vaccines.  While most press has been very positive, some aspects of this industry have been and still remain a matter of regular debate, especially drug prices.

In the name of drug pricing transparency, many state governments have become more active than ever at imposing information and disclosure obligations.  Questions arise as to what “prices” should be the basis for reporting when the list price might be distinct from patient cost after insurance and assistance programs kick in.  Do the “prices” nonetheless help us understand patient costs and company profits, informing regulation?  Or, is isolated information on price deceiving if there is not a corresponding public and legislator understanding of the incentives motivating drug development and the nature of research?  Questions also arise whether consumers are better informed, misinformed, confused, or deceived by “pricing transparency” mandates.  Are these mandates helpful or harmful to the goal of better educating consumers and informing the debate over drug costs?

In this webinar, four experts with distinct perspectives explored the issues surrounding drug pricing transparency, disclosure, and other pricing information measures that have all increasingly become the subject of proposed and enacted laws by state legislatures.

This Congressional Civil Justice Academy briefing featured:

Zack Buck, Associate Professor of Law, University of Tennessee College of Law

Robert V. Cerwinski, Partner, Goodwin Procter LLP

Daniel Meron, Partner, Latham & Watkins LLP

Michael Thompson, President & CEO, National Alliance of Healthcare Purchaser Coalitions

Moderator: Donald J. Kochan, Professor of Law and Deputy Executive Director of the Law & Economics Center, Antonin Scalia Law School at George Mason University

Please see below for a full video recording of the event, or click here to watch!