Creative Counting Can’t Fix The Inflation Reduction Act’s Flaws

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Congress is considering legislation, the EPIC Act, to fix the pill penalty. That’d be a great start—as would the Trump administration pausing the price-control process for a thorough review of the recent selections.

But ultimately, the only way to fully prevent the IRA’s harms is to neuter the law itself.

Just three days before President Biden left office, his appointees tried to tie incoming Trump staffers’ hands on a health policy decision that affects millions of Americans and tens of billions in federal spending.

On January 17, the Centers for Medicare & Medicaid Services announced a new list of 15 drugs under Medicare Part D that will be subjected to price controls under the Inflation Reduction Act on January 1, 2027. The list was announced this month despite the IRA not requiring, under the statute, such a decision until February 1st.

And here’s the kicker: while the IRA, signed into law in August 2022, required CMS to pick 15 medicines, Biden’s CMS actually selected 19 distinct medications.

Read the op-ed here.

Nothing contained in this blog is to be construed as necessarily reflecting the views of the Pacific Research Institute or as an attempt to thwart or aid the passage of any legislation.

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