Health Policy
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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.
, Managing Editor
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.
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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).