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PDAB Technical Assistance for State Advocates: Legal Issues & Analyses

Home PDAB Technical Assistance for State Advocates: Legal Issues & Analyses

This page documents some of the legal challenge threats made by opposition and shares analysis from legal experts.

8th Amendment
Response to 8th Amendment Concerns

Commerce Clause
Legal Memo (Foley & Lardner Analysis of Massachusetts Drug Pricing Legislation- 2019)
Horvath Health Policy Review of DCC Concerns

ERISA
SCOTUS Rutledge Decision

Legal Reviews of PDAB
Legal Memo (Foley & Lardner Analysis of Massachusetts Drug Pricing Legislation- 2019)
Maryland Legal Review (as Introduced)
Maryland Legal Review (as Amended)
Opinion of Maryland Attorney General

Patent Law
NASHP Patent Law Analysis – Rate Setting
Horvath Health Policy Review of PDAB & Patent Law
I-MAK Report

Trade Secrets
Feldman Paper on Trade Secrets

 

Last modified: June 30, 2022

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