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A federal judge has blocked the Colorado Prescription Drug Affordability Board from enforcing a first-in-the-nation upper payment limit on a blockbuster drug sold by Amgen, ruling that the pharmaceutical company is "likely to be significantly harmed" by the restriction.
The decision is a significant early victory for the drug industry against a new class of state-level price control mechanisms — and a test of how far states can actually go.
What a Drug Affordability Board Does A prescription drug affordability board is a state-created panel with the authority to decide whether a medicine's price is unaffordable to residents and, if so, to set a ceiling — called an upper payment limit — on what most people in that state will pay for it.
Colorado established its board four years ago as drug prices kept climbing. The board has the power to select drugs it deems unaffordable and move through a formal process to impose that limit.
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