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Nationwide about 24 million people are part of the subsidy program.

According to the lawsuit, the Labor Department issued the advisory opinion after Morgan Stanley launched an extensive campaign with its law firm.

The U.S. federal government shutdown has been ongoing since October 1.

"By tackling branded pharmas and equitable pricing strategies that have left Americans carrying the financial weight of global drug innovation, the government is helping to relieve a long-standing burden on U.S. consumers and businesses," David Joyner, the CVS chief executive officer, said.

Medical costs are up 6%,, drug costs are up 10%, and there are "no signs this trend will slow," Brown & Brown's CEO says.

However, diabetes diagnoses have reached 13.8%, an all-time high.