Constance A. Wilkinson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm's Washington, DC, office, authored an article in Houston Medical Times, titled “Legal Risks of Co-Payment Assistance Programs.”

Following is an excerpt (see below for a PDF of the full article):

Drug prices continue to increase, particularly for new specialty drugs. To improve the affordability of these drugs, pharmaceutical manufacturers have initiated consumer coupon and copayment (copay) assistance programs. Arguably, these programs are motivated by a dual aim: to improve patient access to products with beneficial outcomes, by lowering the price barrier, and to counter the erosion of the market for products that is produced by formulary restrictions, enhanced copays and other drug utilization management controls adopted by third party payors (i.e., insurers or health plans). As health care costs increase, insurers and health plans struggle to find ways to control costs and expensive drugs are an easy target (in the last few years, drug costs typically have accounted for more than 10% of overall health care costs). According to the Pharmaceutical Care Management Association (PCMA), an industry association that represents pharmaceutical benefit managers, at the current trends, copayment (copay) coupons will increase 10-year prescription drug costs for employers, unions and other plans sponsors by $32 billion.



Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.