Medicare “Most Favored Nation” Drug Payment Heading to Rescission, Shifting Focus to Potential Alternatives

Aug 13, 2021

Posted by Sidley Austin

On August 10, 2021, the U.S. Centers for Medicare & Medicaid Services (CMS) published a proposed rule to rescind the Medicare Most Favored Nation (MFN) Model regulation issued in the final days of the Trump Administration (Proposed Rule). The Biden Administration’s proposed withdrawal of the MFN Model regulation comes on the heels of its Executive Order on promoting competition and as Congress prepares to consider sweeping domestic spending legislation likely to include significant drug pricing provisions. Stakeholders may wish to comment on CMS’s proposed withdrawal of the MFN Model, as those comments and a final rule are both likely to impact consideration of alternative legislative and regulatory policy changes. Comments to the Proposed Rule are due by October 12, 2021. Continue reading

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