HIV+Hep in the News

“We continue to be astonished by the government’s continued siding with big insurers and the length they are going to allow them to make money off of co-pay assistance that is meant for patients to help pay for their essential prescription drugs,” said Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, in a press release. “First, they defended insurers in court to allow them to implement co-pay accumulators, and now, even after losing, they are refusing to enforce the court’s decision.”

Last week, the three patient groups filed an appeal of their own, in the U.S. Court of Appeals for the D.C. Circuit, seeking to compel the government to abide by the court’s conclusion. “We submitted our brief on why the judge should reject the government’s motion to clarify and that they just cannot choose to enforce or not enforce a decision,” explained Carl Schmid, executive director of the HIV + Hepatitis Policy Institute, which was joined by the Diabetes Leadership Council and the Diabetes Patient Advocacy Coalition.

The stakeholders that sued HHS over the 2021 exchange rule allowing insurers to refuse to count the full value of a drug copay assistance toward enrollees’ cost-sharing maximums are now urging the U.S. District Court for the District of Columbia to reject the administration’s claim that the ruling in the plaintiffs’ favor does not require enforcement action. The brief filed Monday (Dec. 11) asks the court to deny an HHS motion for the court to clarify the ruling, and says the court might want to consider injunctive relief “directing that the agency may not lawfully erect an across-the-board policy of non-enforcement.”

“We appreciate Sen. Blackburn’s continued support and speaking up for patients,” Carl Schmid, executive director of the HIV & Hepatitis C Policy Institute, says. “Despite her pleas, along with others from the Congress-and thousands of patients from around the country, the Biden administration continues to side with the big insurers. It is a shame that we have to use our resources to continue to fight this–now in two courts. However, we are confident they will continue to rule in our favor,” he adds.