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States’ Rights: A Patent Law Analysis of NASHP Rate-Setting Model Act
We have been asked to set out the argument that a state’s rights under the Tenth Amendment of the US Constitution give a state the power to enact provisions such as the National Academy for State Health Policy’s (NASHP) Drug Payment Rate Regulation Model Act, notwithstanding federal patent law. Accordingly, this white paper addresses issues of federalism, preemption, and the Takings Clause as they relate to the intersection of patent law and state drug rate-setting legislation.
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