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Tuesday, December 29, 2020
On 23 December 2020, Judge Catherine Blake of the U.S. District Court for the District of Maryland granted the Pharmaceutical Research and Manufacturers of America (PhRMA) a 14-day nationwide temporary restraining order, preventing the Centers for Medicare and Medicaid Services (CMS) from implementing and enforcing its Most Favored Nation (MFN) interim final rule (MFN Rule) scheduled to take effect on 1 January 2021.
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On 28 December 2020, in a parallel case and specifically adopting the reasoning in Judge Blake’s order, Judge Vince Chhabria of the U.S. District Court for the Northern District of California granted California Life Sciences Association (CSLA) a preliminary injunction prohibiting CMS from implementing the MFN Rule based on a failure to follow notice and comment procedures under Administrative Procedure Act (APA). Most notably, Judge Chhabria’s order vacates the MFN Rule in its entirety pending completion of the notice and com
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December 28, 2020
On Dec. 23, Judge Catherine C. Blake of the District of Maryland granted the plaintiffsâ request for a temporary restraining order (TRO) in a case challenging the Trump administrationâs âMost Favored Nationâ (MFN) rule impacting the federal governmentâs Medicare Part B drug expenditure. Its originally scheduled effective date would have reduced reimbursements to healthcare providers from Jan. 1, 2021, cutting spending by a predicted $5 billion in its first year, and nearly $70 billion over the MFN ruleâs lifetime. In a parallel California proceeding, the court is expected to rule on the plaintiffsâ request for a preliminary injunction today.
PhRMA is granted temporary injunction against favored nation rule The American Hospital Association is also against the rule that was to have gone into effect on January 1, 2021.
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Today Judge Catherine Blake of the U.S. District Court for the District of Maryland granted PhRMA and others a temporary restraining order regarding the administration s most favored nation rule that was supposed to go into effect on January 1, 2021.
The move pleased both PhRMA and the American Hospital Association. Hospitals and health systems have very deep concerns about the substance and legality of this model, and the AHA filed a Declaration with this lawsuit expressing how the model could negatively impact hospitals, health systems and the patients they care for, said AHA executive vice president Tom Nickels.