Weekly Policy Blog: Amgen Lawsuit Asserts Colorado PDAB is Unconstitutional   

On March 22, Amgen, the maker of the autoimmune disease drug Enbrel, filed a lawsuit against the Colorado Prescription Drug Affordability Board (PDAB or Board) in the U.S. District Court for the District of Colorado. Enbrel could be the first drug for which an “upper payment limit” (UPL) is imposed by the PDAB.  

The lawsuit asserts that the “Board’s decision [to subject Enbrel to a UPL], and the statutory scheme on which it is based, are unconstitutional because they conflict with federal law, violate basic requirements of due process, and impermissibly seek to regulate outside of Colorado. In violating both the federal Constitution and federal laws, the Board’s decision puts in jeopardy access to Enbrel® and other innovative drugs, endangering the lives and well-being of thousands of Coloradans with serious medical conditions.”  

The State has not commented on the lawsuit—which has been…
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