Blum: Part D Rule Re-Clarifies Non-Interference Clause, Doesn’t Break Law

Overview


McDermott was noted for issuing an analysis which contended that proposed new Medicare Part D regulations from the Centers for Medicare and Medicaid Services represent “a dramatic change” in CMS treatment of interrelated statutory provisions establishing sponsors’ obligation to contract with « any willing pharmacy” while giving sponsors the flexibility to create tiered pharmacy networks for which lower cost-sharing is imposed for Part D drugs dispensed at certain network pharmacies.