CMS, Patient Groups Defend Medicare Part D Rule in Face of Accusations Proposal Violates Law


McDermott was cited for the Firm’s analysis of new Centers for Medicare and Medicaid Services cost-saving rule changes. That analysis showed that CMS is effectively changing its interpretation of the non-interference provision from applying to negotiations “between drug manufacturers and pharmacies and [Sponsors]” to instead be “between drug manufacturers and (i) pharmacies or (ii) Sponsors.” McDermott concluded that this new interpretation would remove the limitation on CMS’ regulation of the relationship between pharmacies and sponsors.