CMS reworks drug price negotiation process with lawsuits top of mind
The Centers for Medicare and Medicaid Services on Friday took aim at lawsuits filed against its incoming drug price negotiations, with new final guidance on how the negotiation process will play out, and with some major tweaks to protect the agency against First Amendment question marks raised in some of those suits.
For instance, CMS notes that rather than request companies to remain absolutely silent on what transpired during the negotiation process (the US Chamber of Commerce said in its lawsuit, “The First Amendment accordingly prohibits the government from compelling private businesses to espouse the government’s favored viewpoints.”), it’s now revised the 198-page guidance so that,
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