UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CENTURY FOUNDATION, AND UNIDOSUS ACTION FUND AS IN

[PROPOSED] BRIEF OF THE CENTER FOR AMERICAN PROGRESS, THE CENTURY FOUNDATION, AND UNIDOSUS ACTION FUND AS AMICI CURIAE IN SUPPORT OF DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Case 3:23-cv-14221-ZNQ-DEA Document 32-1 Filed 01/19/24 Page 2 of 29 PageID: 853 TABLE OF CONTENTS IDENTITY AND INTERESTS OF PROPOSED AMICI CURIAE .............. [...] Combined with other critical IRA elements— including an insulin cost cap of $35 per month for Medicare beneficiaries, a cost-sharing redesign for Medicare Part D benefits, and inflation rebates for Medicare Part B and D prescription drugs—the new Medicare drug price negotiations will cut the cost of prescription drugs.18 These price cuts will save the Medicare program billions, enabling it to dive. [...] Third, where individuals live plays a critical role in health care and prescription drug access.39 For example, Black and Hispanic Medicare beneficiaries are more likely to live in medical deserts—areas with fewer primary care physicians and high-quality hospitals—making it harder for these individuals to access health care.40 Ten percent of Black and 11 percent of 36 Id. [...] 2020) (Black (17 percent) and American Indian and Native Alaskan (15) Medicare beneficiaries had higher prevalence of heart - 9 - Case 3:23-cv-14221-ZNQ-DEA Document 32-1 Filed 01/19/24 Page 19 of 29 PageID: 870 aged 65 and older for the past several decades: 42 percent of Medicare beneficiaries have at least one heart condition, per 2013 data.47 Among Medicare beneficiaries, the prevalence of hea. [...] - 14 - Case 3:23-cv-14221-ZNQ-DEA Document 32-1 Filed 01/19/24 Page 24 of 29 PageID: 875 when they take more than one medication.77 As the government explained in its briefing,78 the IRA empowers the Secretary of Health and Human Services, on behalf of the Medicare program, to directly negotiate lower prices for certain medications that are responsible for high aggregate Medicare spending and do n.