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Jeremy M. Alexander is a Shareholder in Vedder Price’s Washington, DC office and Chair of the Health Care & Life Sciences practice group. Mr. Alexander focuses his practice on managing intricate regulatory, transactional and enforcement issues for health care providers and suppliers.

On May 12, 2025, President Donald J. Trump signed an executive order titled “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients.”  This executive order aims to lower the cost of prescription drugs for U.S. consumers by requiring drug manufacturers to sell their products to consumers at a most-favored-nation price through direct-to-consumer purchasing programs facilitated by the Secretary of Health and Human Services (“HHS”).  Under the proposed most-favored-nation approach, consumers would pay no more than the lowest price for a prescription drug sold by a drug manufacturer to customers in comparably developed nations. 

The executive order directs HHS to take steps to implement a most-favored-nation approach to prescription drug pricing.  This includes communicating most-favored-nation price targets to pharmaceutical manufacturers within 30 days.  If “significant progress” towards implementing the most-favored-nation approach is not made, the executive order directs HHS to, among other things, propose a rulemaking plan to impose most-favored-nation pricing.  The executive order does not specify a timeline for measuring “significant progress.” The executive order states that if drug manufacturers fail to implement most-favored-nation pricing, the Administration will take “additional aggressive action.”Continue Reading Trump Administration Issues Executive Order Aimed At Lowering Prescription Drug Pricing

On February 25, 2025, President Donald J. Trump signed an executive order titled “Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information” (the “2025 Order”) aiming to provide increased transparency regarding the pricing of health care services.  This executive order builds upon a prior executive order issued during President Trump’s first term in June 2019 (the “2019 Order”) that required hospitals to disclose to consumers pricing information for certain “shoppable” health care items and services and maintain this pricing information in accessible, consumer-friendly formats.  The 2019 Order also mandated the establishment of rules requiring health care providers, health insurance issuers and self-insured group health plans to facilitate consumer access to information concerning expected out-of-pocket costs for health care items and services prior to receiving care.Continue Reading Trump Administration Issues Executive Order Mandating Implementation and Enforcement of Health Care Pricing Transparency

On September 28, 2024, California governor Gavin Newsom vetoed AB 3129, a bill that, among other things, would have required private equity firms and hedge funds to provide 90 days’ prior written notice to, and for some transactions, obtain consent from, the state attorney general prior to proceeding with certain health care transactions.

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Private equity investments in health care to be subject to increased oversight from federal and state regulators, including antitrust officials

Federal and state governmental regulation of health care transactions continues to increase rapidly.  At the federal level, there is increased focus on the role of private equity in health care and the perceived impact on access to care, quality of care and pricing.  At the same time, a growing number of states have passed and continue to propose legislation that increases state oversight of health care transactions.  As a result of this increase in regulatory scrutiny from federal and state regulators, parties interested in conducting health care transactions must consider various regulatory requirements and the factors regulators take into account when analyzing proposed health care transactions. Continue Reading Health Care Transactions Facing Increased Federal and State Regulatory Scrutiny