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.