14 November 2018 - On October 15, 2018, the CMS proposed a rule requiring television advertisements for prescription drugs and biologic products to disclose the product’s price.
The advertisements must state in legible text the wholesale acquisition cost (WAC) for a 30-day supply or a typical course of treatment.
The rule making follows an unsuccessful effort in Congress to include a similar measure in the fiscal year 2019 appropriations bill. The idea enjoys broad public support — in a June 2018 poll, 76% of Americans favored requiring drug advertisements to include a statement about how much the drug costs2 — and it dovetails with moves to improve price transparency in other health care domains. But we think the proposed rule raises substantial public health and legal concerns.