Colorado Sued by Amgen Over PDAB Price Cap on Enbrel

November 13, 2025

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Amgen, the manufacturer of Enbrel (a rheumatoid arthritis and ankylosing spondylitis treatment), filed a lawsuit against the Colorado Prescription Drug Affordability Review Board (PDAB) after the board determined Enbrel to be “unaffordable” and established an upper payment limit (UPL) of $600 per 50mg unit of the drug. In the suit, Amgen claims the UPL, which imposes price caps on the sale or purchase of Enbrel beginning Jan. 1, 2027, is unconstitutional and jeopardizes patient access to the drug.

Amgen previously sued the PDAB when the board was first considering a UPL, but the lawsuit was dismissed by a federal judge on the grounds that the company had not demonstrated it would likely suffer harm from the Board’s actions. The case is scheduled for a preliminary hearing in Jan. 2026. Colorado is the first state to set a UPL through a PDAB.

Initiatives

Calls grow for Drug Patent reform

In a recent blog post, the Pharmaceutical Care Management Association (PCMA) highlighted increased attention to pharmaceutical companies’ abuse of drug patents. Last month, the Supreme Court unanimously ruled in favor of a generic drugmaker in a “skinny labeling” case, a victory for patients. Skinny labels allow generic and biosimilar competitors to launch products for non-patented indications, helping accelerate […]
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August 11, 2026

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perspectives

AHIP calls for Bipartisan reform to address health care cost drivers

On July 23, AHIP President and CEO Mike Tuffin wrote an opinion piece in The New York Times saying, “common-sense bipartisan reforms are needed to promote competition in care delivery and prescription drugs, protect consumers from providers and drugmakers’ anticompetitive practices and transition away from the perverse incentives of fee-for-service medicine.” Tuffin notes that health […]
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August 11, 2026

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Solutions

PCMA urges preserving patient access and flexibility in new fertility benefits rule

PCMA recently submitted comments to HHS, DOL, and the Treasury (the Departments) in response to the proposed rule establishing a new category of limited excepted benefits for fertility services. PCMA supports the Departments’ goal of expanding access to fertility care while encouraging employer innovation but urged several targeted refinements to ensure the framework is operationally […]
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August 11, 2026

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Illinois enacts new AI security law

Illinois recently enacted the Artificial Intelligence (AI) Safety Measures Act to implement new security and reporting requirements for developers of the largest frontier AI models. The law requires covered developers to assess and mitigate catastrophic risks, report significant safety incidents within 72 hours, and undergo independent third-party audits beginning in 2028. The law was modeled […]
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August 11, 2026

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legislation

Delaware strengthens primary care spending

As part of his affordability agenda, Gov. Matt Meyer (D) signed legislation to make permanent a requirement on insurers to spend at least a minimum level on primary care. The primary care services measure, SB 1, will establish minimum primary care spending for carriers, with the state monitoring the uptake and compliance program. The bill […]
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August 11, 2026

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legislation

Finance democrats announce health coverage agenda

On July 30, Senate Finance Committee Ranking Member Ron Wyden (D-OR) released a Request for Information (RFI) seeking stakeholder input on policies affecting the commercial health insurance market, including coverage and affordability. The RFI is the latest in a series of requests related to Democratic Committee Members’ health affordability agenda. The request directs stakeholders to […]
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August 11, 2026

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legislation

House and Senate Committees advance health care legislation

Multiple Congressional committees recently advanced health care proposals focused on price transparency and affordability. The House Energy and Commerce (E&C) Committee advanced the Lower Costs, More Transparency Act by a 45-0 vote to expand transparency requirements for hospitals, health plans, and PBMs. The Senate HELP Committee advanced the Patients Deserve Price Tags Act, which would […]
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August 11, 2026

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legislation

340B Program reforms introduced in Congress; CMS proposes payment reforms

On June 29, Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bill Cassidy (R-LA) released a discussion draft bill proposing several reforms to strengthen oversight of the 340B Drug Pricing Program by reducing fraud and abuse, increasing transparency and reporting, and clarifying program participation rules. Relatedly, on July 7, Reps. Scott Peters (D-CA) and […]
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August 11, 2026

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