Sean Flynn is the Associate Director of the American University Washington College of Law Program on Information Justice and Intellectual Property
A new leak of text from the Trans-Pacific Partnership Agreement contains new language — not included in any other trade agreement – clarifying application of trade law disciplines on drug pricing programs in the U.S.
Two previous agreements — with Korea and with Australia — contained restrictions on drug pricing programs, but were often thought not apply to any U.S. program. The texts of those agreements left any U.S. application ambiguous. But new language in the TPP leak makes clear the application of disciplines to “The Centers for Medicare & Medicaid Services (CMS), with respect to CMS’s role in making Medicare national coverage determinations.”