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Three patient advocacy groups are suing the Biden administration to challenge a federal regulation they say prevents patients from using drugmaker discounts like copay coupons.

Many drug manufacturers have set up so-called copay assistance programs designed to help with patients’ out-of-pocket costs for medications. But the groups — the HIV+Hepatitis Policy Institute, the Diabetes Leadership Council, and the Diabetes Patient Advocacy Coalition — claim that health insurers and pharmacy benefit managers have harmful policies that prevent those savings from actually reaching the patients. All three of the groups receive funding from drugmakers.


The lawsuit was filed Tuesday in the U.S. District Court for the District of Columbia. It names the Department of Health and Human Services and its secretary, Xavier Becerra, and the Centers for Medicare and Medicaid Services and its administrator, Chiquita Brooks-LaSure, as defendants. Neither agency responded to requests for comment.

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