A pharmaceutical industry group is suing the state of Minnesota over its new insulin affordability program, which takes effect Wednesday.
Pharmaceutical Research and Manufacturers of America, or PhRMA, says the program the Legislature passed in April is unconstitutional and that drugmakers already offer alternatives to help people with diabetes. They are seeking a permanent injunction barring the state from enforcing the insulin act.
The lawmakers and advocates who fought for the measure argued that the existing programs drug companies provide are insufficient. After a protracted political battle at the State Capitol, they reached a deal legislators said would ensure people struggling with the skyrocketing price of the critical drug have a low-cost resource to secure it.
The legislation requires insulin manufacturers to supply the drug for free, or reimburse pharmacies giving out insulin. Companies that fail to provide the drug face fines.
As the Legislature was working to develop the insulin program, PhRMA and some Republican lawmakers repeatedly raised concerns about its constitutionality.
“A state cannot simply commandeer private property to achieve its public policy goals,” says PhRMA’s complaint, filed Tuesday in district court. “The Takings Clause of the Fifth Amendment of the U.S. Constitution prohibits states from attempting to solve societal problems in this draconian manner. Because the Act takes private property for public use without paying just compensation, it is unconstitutional and should be enjoined.”
Gov. Tim Walz has a news conference with the advocates who fought for the insulin assistance scheduled for Wednesday afternoon. They plan to celebrate the implementation of the measure, named the Alec Smith Insulin Affordability Act in honor of a man who died because he was not able to afford his insulin.
As news of the lawsuit came out, advocates and some legislators quickly decried PhRMA’s action.
“In some ways this has been the playbook from big PhRMA, to fight accountability and any sense of responsibility for the welfare of Minnesotans,” said the House bill sponsor Rep. Mike Howard, DFL-Richfield. “While it is disappointing, I do have faith that we are going to win this fight.”
Howard said Attorney General Keith Ellison is prepared to fight the lawsuit on the state’s behalf.
https://www.startribune.com/phrma-sues-to-stop-minnesota-s-new-insulin-aid-program/571582452/