Drug charity sues government over right to communicate with drugmakers: 4 things to know

Patient Services filed a lawsuit against the government Monday over a 2017 guidance that limits the drug charity's ability to communicate with donor drugmakers, reports Reuters.

Here are four things to know.

1. The lawsuit comes amid a U.S. Department of Justice investigation into drug companies' involvement in patient-assistance charities. Drugmakers are not allowed to subsidize copays for Medicare patients, but may donate money to nonprofits that offer patients copayment assistance.

2. The HHS Office of Inspector General last year imposed a new communications guidance for drugmakers and drug charities, following concerns drug companies had unfair influence over the charities. The guidance prohibits drug charities from speaking to drugmakers who donate to them about topics like patient populations and drug costs.

3. The lawsuit, filed in a Richmond, Va.-based federal court, condemns these regulations.

"The OIG's restrictions on [Patient Services'] communications with donors are unreasonable, unfair and unconstitutional," the charity's general counsel, Neil Millhiser, said in a statement cited by Reuters.

4. HHS declined Reuters' request for comment.

 

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