TrialCard Files Amicus Brief in Support of Pfizer’s Anti-Kickback Lawsuit

November 22, 2022

TrialCard Files Brief Supporting PhRMA Lawsuit Against CMS Final Rule - Thumbnail Image

On November 14, 2022, TrialCard filed an amicus brief in support of Pfizer’s bid to challenge U.S. anti-kickback laws. Johnson & Johnson and PhRMA also filed amicus briefs in support of this cause.

Currently, U.S. kickbacks laws prohibit pharmaceutical companies from paying patient copays in government healthcare programs. Pfizer is asking the Supreme Court to decide whether its prospective program to help Medicare patients pay out-of-pocket costs for its drugs, Vyndaqel and Vyndamax, would run afoul of federal anti-kickback laws.

As an organization that aims to make medications more accessible and affordable and has administered over $22 billion in branded-drug savings, TrialCard has a substantial interest in this case because we would like to serve not only patients with private insurance, but also patients enrolled in federal healthcare programs.

Payment-assistance programs like Pfizer’s, or those that charities wish to provide, offer a solution. By helping Medicare patients with their out-of-pocket costs, such programs make treatment affordable, ensuring that patients can access the medicines their doctors prescribe. Yet, the Second Circuit incorrectly concluded that such efforts qualify as illegal “remuneration” that induces conduct in violation of the AKS. That has devastating real-world consequences for the patients in dire need of medicine to treat their illnesses.

We believe the Court should grant review and address this question of great importance to patients, providers, and the healthcare industry.

Our full response can be found here.