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Trump s Most-Favored Nation Rule On Drug Prices Blocked
Law360 (December 23, 2020, 8:23 PM EST) A Maryland federal judge on Wednesday blocked a recent Trump administration rule that links Medicare reimbursement for dozens of drugs to lower prices paid in other countries, finding that the government rushed to finalize the rule without providing a public comment period.
U.S. District Judge Catherine C. Blake granted the temporary restraining order brought by the Association of Community Cancer Centers, the National Infusion Center Association, the Global Colon Cancer Association and Pharmaceutical Research and Manufacturers of America, saying the Administrative Procedure Act requires the government to publish a notice and provide a public comment period before promulgation of a final.
Federal judge delays Trump outpatient drug pay demo
Modern Healthcare Illustration / Getty Images
A federal judge in Maryland on Wednesday ruled the Trump administration would have to wait to implement a demonstration to tie Medicare outpatient drug pay to drug prices in foreign countries.
The demonstration was supposed to start on Jan. 1, but U.S. District Judge Catherine Blake issued a temporary restraining order on the policy for 14 days. The ruling stems from a lawsuit filed by the Pharmaceutical Research and Manufacturers of America, Association of Community Cancer Centers, the Global Colon Cancer Center Association and National Infusion Center Association to stop the policy.
[co-author: Ariana Stobaugh ]
On September 13, 2020, President Trump issued an Executive Order (the “Executive Order”) directing the Department of Health and Human Services (“HHS”) to issue regulations instituting two most-favored-nations (“MFN”) payment models – one model for prescription drugs covered by Part B of the Medicare program (in general terms, Medicare Part B covers drugs that are administered by infusion or injection in physician offices and hospital outpatient departments, as well as certain drugs furnished by suppliers), and a second model for prescription drugs covered by Part D of the Medicare program (Medicare Part D covers most medications that are dispensed by local and/or mail-order pharmacies and covered under a Medicare prescription drug plan).
Monday, December 21, 2020
On September 13, 2020, President Trump issued an Executive Order (the “Executive Order”) directing the Department of Health and Human Services (“HHS”) to issue regulations instituting two most-favored-nations (“MFN”) payment models – one model for prescription drugs covered by Part B of the Medicare program (in general terms, Medicare Part B covers drugs that are administered by infusion or injection in physician offices and hospital outpatient departments, as well as certain drugs furnished by suppliers), and a second model for prescription drugs covered by Part D of the Medicare program (Medicare Part D covers most medications that are dispensed by local and/or mail-order pharmacies and covered under a Medicare prescription drug plan).
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