医疗保险药品定价谈判:评估宪法结构限制
Erica N White1, Mary Saxon1, James G Hodge1
1SANDRA DAY O'CONNOR COLLEGE OF LAW, ARIZONA STATE UNIVERSITY, PHOENIX, ARIZONA, USA.
概括
对医疗保险和医疗补助服务中心 (CMS) 根据"通货膨胀减少法"谈判药品价格的权力提出法律挑战,可能会削弱联邦机构的权力. 这些论点质疑CMS程序及其既定权威的合法性.
科学领域:
- 卫生法律和政策卫生法律和政策
- 行政法 行政法 行政法
- 宪法 宪法 宪法 宪法 宪法
背景情况:
- 医疗保险和医疗补助服务中心 (CMS) 是一个监督主要健康计划的联邦机构.
- "2022年通货膨胀减少法"赋予CMS新的权力,可以谈判处方药价格.
- 这一权力因宪法理由而面临多项法律挑战.
研究的目的:
- 分析在挑战CMS药品价格谈判权力的法律案件中提出的结构性宪法论据.
- 评估这些论点对CMS计划和联邦机构权威的合法性的潜在影响.
- 检查对更广泛的行政状态的影响.
主要方法:
- 在挑战CMS药品价格谈判权力的案件中,审查法律文件和法庭文件.
- 分析宪法法律原则,包括权力分立和非委托原则.
- 审查与机构权力和法定解释有关的行政法先例.
主要成果:
- 已经提起多起诉讼,对CMS的权威提出了结构性宪法异议.
- 争论往往集中在行政部门权力的范围和授权权的行政机构.
- 这些案件的结果可能会对联邦机构权力和监管职能的未来产生重大影响.
结论:
- 这些法律挑战对CMS和其他联邦机构的既定当局构成重大威胁.
- 这些案件的解决将对医疗保健政策和国会,行政部门和司法机构之间的权力平衡产生深远的影响.
- 维护CMS的权威对于有效实施旨在控制药物成本的医疗保健立法至关重要.
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