Executive Orders by President Donald J. Trump

Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients

Summary

This executive order directs the Secretary of Health and Human Services (HHS) to implement a "most-favored-nation" pricing model for prescription drugs. The goal is to lower drug prices in the United States by ensuring Americans pay no more than the lowest price paid by other developed nations. It also instructs the Secretary of Commerce and the United States Trade Representative to address foreign practices that contribute to high drug prices in the US.

Expected Effects

The order aims to reduce prescription drug costs for American consumers by aligning them with prices in other developed countries. This could lead to lower out-of-pocket expenses for patients and reduced costs for federal healthcare programs. However, it could also lead to disputes with pharmaceutical companies and foreign governments, and potentially affect pharmaceutical innovation.

Potential Benefits

  • Lower Drug Prices: Aims to significantly reduce the cost of prescription drugs for American consumers.
  • Reduced Healthcare Costs: Could lead to lower overall healthcare expenses for individuals and the government.
  • Fairer Pricing: Seeks to eliminate price discrimination against American patients compared to other developed nations.
  • Increased Access to Medication: Lower prices may improve access to necessary medications for those who cannot currently afford them.
  • Addresses Foreign Freeloading: Attempts to stop other countries from benefiting from American-financed pharmaceutical innovation without contributing fairly.

Potential Disadvantages

  • Potential Legal Challenges: Pharmaceutical companies may challenge the order in court, delaying or preventing its implementation.
  • Reduced Pharmaceutical Innovation: Lower profits for drug companies could lead to decreased investment in research and development of new drugs.
  • Trade Disputes: The order could strain relationships with countries that currently benefit from lower drug prices.
  • Drug Shortages: Manufacturers might choose not to sell certain drugs in the US if they are forced to lower prices significantly.
  • Implementation Challenges: Determining the "most-favored-nation" price and enforcing compliance could be complex and time-consuming.

Constitutional Alignment

The order relies on the President's executive authority and directs various agencies to take actions within their existing statutory powers. The constitutionality of the order could be challenged based on the scope of executive power and potential conflicts with existing laws regarding drug pricing and trade. The order references existing legislation such as the Federal Food, Drug, and Cosmetic Act, suggesting an attempt to operate within the bounds of established law.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).