Judge Blocks Rule Requiring Drug Companies to List Prices in TV Ads
nytimes.com
nytimes.com
Congress? How many more years to solve this?
Honestly, I don't even know how secret prices stands up to basic contract law. There's no meeting of the minds on the mutual consideration.
Once, I broke my finger. I was about 90% sure the treatment would be to tape it and wait. But, given my profession, I might as well get an XRay at urgent care. They completely refused to tell me how much to examine me or treat me.
A. Broken. Finger. Not some crazy treatment or exploratory surgery.
...in the USA. In other parts of the world these things are pretty transparent.
I once went to a walk-in clinic once for a cold, and they told me upfront the cost for the visit with co-pay (~$40 or something). Several months later, I hear from their collections office.
Apparently, as they told it, my insurance company declined to pay their part of the co-pay because they insurance company claimed it wasn't part of routine care. Absurd.
Anyways, the clinic's response was to retroactively increase the price they charged me. But because I paid in cash, they couldn't just take it from me. So they spammed an old mail address from when I was in college (poor student with the current PO box), and then called me on the phone. And the amount was only $10; far less than their staff time.
Zero part of that seems square with common law. When is it possible to change a price months after a transaction? None of this makes sense, but if they have beef with the insurer that's on them.
So if the hospital tells you the cost up front, and they're wrong, they stand to lose money if they can't swing the negotiations with the HMOs.
The US system just makes no sense.
The U.S. Department of Transportation requires airlines to advertise only the final price customers pay including taxes and fees. This is to protect consumers and avoid deception.
I think it’s pretty easy to justify a requirement to disclose drug prices in ads following similar logic.
I wouldn’t be surprised to see this ruling overturned.
I know people like to overemphasize the effects of Citizens United, etc
But I am curious if they could solely win on a speech argument. If so, one would think all sorts of advertising regulations would be easily overturned.
1) lobbied for criminal justice reform (first step act)
2) has at least tried to make peace with north korea
3) pulled back some hawks from war with iran (and in three years has not initiated a new foreign war - by this time in his presidency Obama had already started to bomb Libya)
Which is to say, maybe we can start making lobbying less of a thing.
Also regarding drug prices, Trump is trying to do a sort of most-favored-nation status for the prices, and/or allow reimporting. That too will be fought in court I'm sure, even if it goes through congress. If it survives court challenges, then Americans no longer pay more for drugs than the rest of the world.
But I wonder how long it will take both parties to realize the ridiculousness of the current health care system the same way that they are both slowly turning back government overreach when it comes to being “tough on crime”.
I did think the exact same thing you did though when I read the headline.
With employers providing healthcare, out of pocket price often is affordable, and nobody would bother that over a few thousands of dollars difference. However, companies end up paying the price (most often large employers self insure), and that is hidden from the employee.
It almost makes sense if companies lobbied for something like this for once....
I'm disappointed in this ruling.
From Wikipedia:
> Mehta ruled that requiring big pharmaceutical companies to disclose prices to consumers in television advertisements aimed directly at consumers would violate their free speech rights as corporations.[11]
There has to be some kind of separation of "individuals" and "entity". To only see companies as simply "people" I think is short-sighted. A company is so much more than that.
If companies are truly entitled, as an entity, to protection of speech, how do any marketing/advertising regulations stay valid, period?
There's also truth in advertising. Individuals and companies don't have a right to buy air time and say whatever they want without repercussion.
I think this is another Obama-era judge overstepping their bounds.