National Infusion Center Association v. Kennedy
- Court
- United States Court of Appeals for the Fifth Circuit
- Docket
- No. 25-50661
- Decided
- 26 August 2026 (Southwick, J.)
- Posture
- Appeal from summary judgment for the government
- Result
- Judgment for the government affirmed
- Nondelegation
- Rejected — intelligible principle supplied
- Excessive Fines
- Rejected — § 5000D excise not a punitive fine
- Due process
- No protected property or liberty interest; Medicare participation voluntary
- Finality
- Not final — rehearing and certiorari remain available
- Controlling document
- Slip opinion of the court
What this does not establish. A decision on facial constitutional challenges is not a ruling that every application of the negotiation programme is lawful. As-applied disputes about a particular manufacturer or a particular maximum fair price are untouched.
Primary source: slip opinion (PDF). Canonical analysis: Medicare Drug Price Negotiation.