Biden administration

Government drops appeal in copay assistance case

“We are pleased that the government has withdrawn its appeal of our court victory for patients who struggle to afford their prescription drugs and rely on copay assistance,” said Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, one of the plaintiffs in the lawsuit. “Now, insurers must heed the court ruling by ending their cruel policy of collecting copay assistance and not applying it to patients’ cost-sharing obligations.”

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Victory for patients reiterated–Court makes it clear: Rule requiring copay assistance to count now in effect

“We thank the Court for siding, yet again, with patients who struggle to afford their prescription drugs and rely on copay assistance,” said Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, one of the plaintiffs in the lawsuit. “The Court has clarified what we have been asserting: the rule that states copay assistance must count is in effect. Now, that clear rule must be followed by insurers.”

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Patient Groups Explain to the Court Why Copay Assistance Ruling Must Be Enforced Now

Patient groups, after successfully challenging the U.S. government’s rule allowing insurers to not count prescription drug copay assistance towards patient cost-sharing, filed a brief yesterday explaining why the government must enforce the Court ruling. Additionally, the HIV+Hepatitis Policy Institute, Diabetes Leadership Council, Diabetes Patient Advocacy Coalition, and three impacted patients filed their own appeal of the U.S. District Court ruling to the U.S. Court of Appeals for the D.C. Circuit.

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U.S. government appeals drug copay assistance court ruling

“We can’t comprehend why the Biden administration, which has championed access and affordability of prescription drugs for the American people, would appeal this decision. By siding against patients who depend on prescription drugs and with insurers, they are allowing insurers to ‘double bill’ and extract more money from patients and drug manufacturers by implementing copay accumulators.” said Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, one of the plaintiffs in the lawsuit. “The court’s decision is very clear: copay assistance for prescription drugs without a generic equivalent must now count for patients.”

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